Truth Triumphing Over Falsehood
The source for this document is https://quod.lib.umich.edu/e/eebo/A91309.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
TRUTH TRIVMPHING OVER FALSHOOD, ANTIQVITY Over NOVELTY.
OR, The First Part of A just and seasonable Vindication of the undoubted Ecclesiastical Jurisdiction, 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 Councils, Synods; and ratifying their Canons, Determinations, Decrees: As likewise of Lay-men's right both to sit and vote in Councils; (here proved to be anciently, and in truth none other but Parliaments, especially in England) both by Scripture Texts, Presidents of all sorts, and the constant uninterrupted Practices, Examples, of the most eminent Emperors, Princes, Councils, Parliaments, Churches, and Christian States, (especially of our own) in all ages since their embracing the Gospel.
In Refutation of M r. John Goodwin's Innocencies Triumph: My dear brother Burtons Vindication of Churches, commonly called Independent: And of all Anti-Monarchical, Anti-Parliamentall, Anti-Synodical, 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 Lincolns Inn, Esquire.
Jer. 6. 16.
Thus saith the Lord, Stand ye in the ways and see, and ask for the OLD PATHES, where is the GOOD WAY, and walk therein, and ye shall find rest for your souls: But they said, We will not walk therein.
Luk. 5. 39.
No man also having drunk OLD WINE, straightway desireth NEW: for he saith, THE OLD IS BETTER.
Tertul. de Praescrip. adver. Haeres.
Ex ipso ordine manifestatur, id esse Dominicum & Verum, quod sit priùs traditum; id autem Extraneum & Falsum, quod sit posterius immissum.
Decem. 3. 1644. It is Ordered by the Committee of the House of Commons, concerning Printing, that this Book, entitled, [Truth Triumphing over Falsehood, Antiquity over Novelty.] be printed by Mich. Sparke, Senior.
John White.
London, Printed by John Dawson, and are to be sold by Michael Sparke, Senior, 1645.
TO THE HIGH COVRT OF PARLIAMENT.
Right Honorable,
H Aving had the Honor, through God's assistance, to be a mean, though cordial Instrument, of Vindicating The Sovereign Power of Parliaments and Kingdoms, in all Civil or Military affairs which concern the State, in Four several Volumes, against all Opposites whatsoeever; which they have (for the most part) satisfied, or put to silence: I expected a Quietus est from all other Controversies, concerning the Jurisdiction of Parliaments, especially in Ecclesiastical matters; which most imagined had been put to eternal silence when our Lordly Prelates lost their Votes and Session in Parliament, by a public Law: But (alas) I know not by what evil Genius, and Pythagorean Metempsychosis, the Anti-Parliamentary Souls, formerly dwelling in our defunct Prelates earthly Tabernacles, are transmigrated into, and revived in a New-Generation of men (started up of late among us) commonly known by the Name of INDEPENDENTS; who, though for the most part really cordial in their Affections, Actions to the Parliament and Church of England, (for which, and for their piety they are to be highly honored▪) yet some of them are of late become extremely derogatory, and destructive unto both, in their Anarchicall and Anti-Parliamentary Positions: For which, and for their late gathering of Independent Churches, contrary to Your Parliamentary Injunctions, they are to be justly blamed, as great disturbers of our public Peace and Unity.
It is the observation of learned Voetius and Vedelius, That the Arminians in the Netherlands, for the advancing of their own Faction, and more facill accomplishment of their private ill Designes, did before the Synod of Dort, and in the beginning thereof, exceedingly cry up the Power of the Civil Magistrate, and States of Holland, in Ecclesiastical matters, both by Writing and Preaching; ascribing to them the highest Jurisdiction and Power of giving ultimate Judgment in all Controversies of Faith, and Ecclesiastical matters arising in the Church, as a Prerogative belonging immediately under Christ to them alone: And thereupon they appealed to the States, from the Ecclesiastical Classes, as the proper Judges of the Controversies they had raised in the Belgic Churches. But at last, after the Synod of Dort had determined against their Arminian Errors, and the States established their Determinations, prohibiting the Preaching or Printing of any Arminian Tenets, with the private Independent Congregations and Conventicles of the Arminian Party, they presently altered both their opinions and practice; crying down the Authority of the States and Civil Magistrate, as fast as they had cried it up, both in their Apologies and Sermons; contracting, yea denying them that very power which before they had so liberally measured • ut unto them; affirming, that the States had no power at all over their private Congregations: that it was not any right or part of their Office to oblige men, by their authorities, to the Decrees of Synods, however agreeable to the word of God; and that they ought not to use any coactive Power or Authority in such cases, to oblige them to conformity.
This Practice of the Arminians was, by M r Thomas Edwards, by way of prediction, applied to the Independents, in these very terms: And it may be feared, however these Apologists NOW to ingratiate themselves, and being let alone in their Church-way, say, they give more to the Magistrates than the Presbyterial, and that they profess to submit, and to be most willing to have recourse to the Magistrates Judgment, and Cognizance, and Examination of Ecclesiastical Causes; yet when they shall come once to be crossed, and the Parliament, by the advice of the Assembly, to settle the Government of the Church, and by their Authority to bind them to things agreeable to the word, we shall see then what they will say of the Magistrates Power. There are too many speeches already, since the Assembly, (out of their fear how they may go) which have fallen from many Independents, THAT PROGNOSTICATE, THEY WILL DOE BY THE PARLIAMENT, AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES. Which Prognostication hath fallen out accordingly. For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing, but very gently, by way of debate, against their Anarchicall and Anomolous New-Way, (derived from their good friends, the German Anabaptists and Separatists, and supported only with their Arguments, as I am fully able to demonstrate;) they have not only in Press and Pulpit cried up their Way, as the Only Way, Kingdom, and Scepter of Christ; and denied all opposition in word, deed, or thought against it; as a direct FIGHTING AGAINST GOD; and promoted it publicly and privately with all their Industry, Policy, Power; setting up New Independent Congregations in every corner; but even with open mouth, pen, hand, (contrary to their former Solemn Vowes, Covenants, Protestations, which I fear they have over-much forgotten) cried down, and fought against the very Ecclesiastical Power, and Legislative Authority of the High Court of Parliament itself, and Supreme Temporal Magistrates: proclaiming not only in their Pulpits, but likewise in sundry late Pamphlets, wherewith they have filled the World, That every particular Congregation of visible Saints, and Independent Church, is under the Government of Christ alone, as the ONELY Head, King, Governor, Law-giver of it; and subject TO NO OTHER IVRISDICTION, then that of Christ, his word and Spirit. That NO POWER ON EARTH, NOR EARTHLY LAW-GIVERS MAY, CAN, OR OVGHT TO GIVE LAWES, FOR THE GOVERNMENT OF THIS REPVBLIKE, nor claim, nor exercise an Headship, or undertake the Government of this Body. That neither KINGS, NOR PARLIAMENTS, NOR SYNODS, have any Authority to prescribe Laws or Rules for the Churches Government, to order the affairs of Christ's Kingdom, or institute the Government of his Churches; or to make coactive Laws, in any Ecclesiastical matters, to bind the conscience of any Church or Christian to outward conformity, or inflict any mulcts or penalties for contempt or disobedience; Christ only being the Lord of men's consciences, which ought to be left at liberty. That the Members of the Parliament are chosen but by a secular Root, by the Generality and Riffe Raffe of the world, Papists, Atheists, Drunkards, Swearers, Men void of the knowledge, fear, and grace of Christ: And therefore the Independent Brethren conceive as great AN IMPOSSIBILITY, that a Legitimate Ecclesiastic Power should, according to the mind of Christ, be by them conferred upon any men, or that they should have any Power or Authority from Christ to nominate or appoint who shall be the men, by virtue of such nomination or election, to enact Laws and Statutes in matters of Religion, and to order under mulcts and penalties how men shall worship and serve God, as it is (in Jobs expression) to bring a clean thing out of an unclean. That the Parliaments claiming or exercising any such Ecclesiastical Power, or others attributing of it to them, is a means to awaken the eye of Jealousy upon them, and seven times more destructive and under-mining of not only their Power, but Honor, Peace, nd Safety also, than anything that is found in the Independent Way, so ill entreated. That it is a claiming of the sacred and incommunicable Royalties of Heaven; an accounting it no Robbery to make themselves equal with God; and such an high provocation in the eyes of the Most High, as IF CONTINVED IN (by the Parliament) will kindle a fire in the breast of him whose name is Jealous, which will consume and devour. Yea, one of them puts this Question, If the whole Kingdom may deny obedience unto Popish Acts and Canons, or upon any other like just occasion, and they themselves be Judges whether the occasion be just or no; Whether MAY NOT INDEPENDENTS, a part of the Kingdom only, do the like in all respects? Or, Whether ought they, because a Lesser part of the Kingdom, yield obedience to Popish Acts and Canons, because a Major part approve of, and agree with a Parliament and Synod in approving them? What if they should be for Popery again, Judaism, or Turkism? tis no offense to make a Quere, nor impossible to come to pass; the greatest part of those that chose our Parliament men being thought to be Popishly or Malignantly affected, &c. Putting divers such like Queries, destructive to the very fundamental Power and Being of Parliaments; and as bad or worse than the Popish Gun-powder Plot, to blow up the Sovereign Ecclesiastic, and Civil Authority of this High Court, in all succeeding Ages.
These, with infinite other Anti-Parliamentall, Anti-Synodical, and Anti-Monarchical Paradoxes (at which I profess I stand amazed) have not only dropped from the Lips, but Pens of sundry Independents, who have avowed them publicly in Print, with their Names affixed to their Books, even before the face of Your Right Honorable Parliamentary Assembly and Supreme Tribunal, in such open affront and high contempt of Your undoubted Rights, Power, Privileges, (which Your Honors and we all are obliged, by Late Solemn Oaths, Covenants, Protestations, to defend, maintain, with our very Lives and Estates; and to discover, oppose all others who shall invade them, to our uttermost power) as I am confident no Age, nor History can ever parallel, in the least measure; the very Malignant Prelates, and Anti-Parliamentary Cavaliers, having not proceeded, in this kind, so far as they: which I speak with deepest grief of heart and spirit, out of Conscience of that common Vow and Covenant, (which binds me to discover, oppugn, reveal, abhor it) and detestation of their most pernicious Assertions, not out of the least malice or hatred to any of their Persons.
What the Independents end of publishing these desperate Anti-Parliamentary Paradoxes should be, unless to prepare their party and all others, as much as in them lies, utterly to reject whatever public form of Church-Government, Discipline, Reformation, and Directory of Worship, Your Honors by the advice of the Reverend Assembly shall establish in our Church for the future, after all your serious consultations, debates, pains, Prayers and Fastings about it; and to set up their own Anomolous Platforme, (which they aver is Christ's Kingdom and Government; and which may, upon probable and higher grounds than of reason, be thought in time to overthrow, and put down all other Governments whatsoever, and to stand up alone in their stead; since Christ's Kingdom shall stand up, when all opposite earthly Kingdoms, like earthen vessels, shall with an Iron Rod be dashed in pieces: Which they close up with a Faxit Deus & festinet,) in despite of Your Authority, and all human Power whatsoever, I cannot conjecture. And their own late printed Passages, with Mr. John Goodwin's Sermon, (that it would be more easy for him, and he should rather yield to be torn in pieces by wild horses, than submit to such a Government which proceeded from a Parliament, chosen by the Riffe-raffe of the world, &c.) intimate and express as much. Which, what an high contempt it is against Your undoubted Power, and pious Ecclesiastical proceedings, in Reforming, settling the Doctrine, Discipline, and Government of our Church, (the grand desire and prayer of all well-affected spirits) I most humbly submit to Your saddest thoughts and deepest wisdoms, who have both Power and Authority in Your hands to suppress, incomparable Prudence and Providence to prevent, these growing, dangerous Insolencies, before they become Masterlesse, or Epidemical, past Your cure.
Far be it from my thoughts, to exasperate Your Power or Justice against any Delinquents of this kind; some whereof are so near and dear unto me, that it is my heaviest affliction to mention their extravagancies in this kind; of which I trust they (and all their followers) will be now ashamed; and a Brotherly Admonition to their Persons (though their Writings undergo the sharper Censure) will I hope induce them, upon second thoughts, both to discern, lament, recant their fore-mentioned Paradoxes, and abhor themselves for them even in dust and ashes, (as one of them professeth he will do, in case he be convinced:) And then if they will not be reclaimed, Fiat Iustitia; better some should suffer, than all perish. My only desire is, that Your Honors would have a special jealous care of preserving your own undoubted Parliamentary Rights and Privileges against these unparalleled public Violations, Impeachments of them, and of the tranquility, safety of our Church and State, endangered by them. Toward the just defense whereof, I have (with as much expedition as my many other distracting public and private Employments would permit) contributed these my indigested Nocturnall Lucubrations, (borrowed from the hours allotted to my necessary natural rest) in Vindication of the ancient and undoubted Ecclesiastical Power and Jurisdiction of Parliaments, Christian Princes, and Magistrates; (which I have made good by sundry Divine, Historical Presidents, and Authorities, in all Ages) and answered all the chief Pretences, Objections of Papists, Prelates, Independents, Anabaptists, Separatists, and all others who oppugn them; in such a manner as I hope will silence them for the present, and reform them for the future.
It was my primitive intention and desire to have published this Treatise complete at first; but it swelling to a greater bulk than I expected, and my engagements in other public services for the Common-weal retarding my speedy progress herein, I have thereupon divided it into two Parts: the First whereof I here humbly tender to your Honorable Patronage, till God and opportunity enable me to complete the Second; of which there is less Necessity, since learned Mr. Samuel Rutherford, in his Due right of Presbyteries, and Mr. Thomas Edwards, in his Anti-Apologia, (neither of them hitherto Answered by the Independents, and in truth unanswerable) with Gulielmus Apollonius and the Wallacrian Ministers, Consideratio Quarundam Controversiarum, &c. quae in Angliae Regno hodie agitantur, newly published, will supply the present defect thereof; and this First Part supply some particulars concerning the Ecclesiastical Power of Parliaments, Christian Princes, Magistrates, Councils, which are wanting in them, and in laborious Sir Edward Cooks Fourth Institutes; who hath recorded little or nothing concerning the Jurisdiction or Power of Parliaments in Ecclesiastical affairs, and matters of Religion.
Thus humbly submitting these my distracted subitane Collections, and Lucubrations, to Your Honorable favorable Acceptation; and imploring the God of Verity, of Unity speedily to dissipate all our Errors, and comprimise all our unhappy Divisions (which threaten ruin to us, if continued) by Your most Religious Care, Wisdom, and indefatigable Endeavors, that so we may be all like minded one towards another, and may with ONE MIND, and ONE MOVTH, (in one Way, one Congregation) glorify God, even the Father of our Lord Jesus Christ: I shall with my ferventest Orisons daily recommend Your Honorable Assembly, with all Your pious Endeavors for the Reforming, Setling of our Church, State, to his Divine Benediction; and ever rest,
Your
Honors
most humble,
devoted Servant,
William Prynne.
To the Reader.
C Hristian Reader, I here present thee with Truth Triumphing over Falsehood, Antiquity over Novelty; to settle both thy Judgment and Practice, in these unsettled times, wherein the very Foundations of Parliaments, States, Churches, Government, are shaken and subverted, by some of our own dear Friends, from whom we least expected it.
For my part, I take no pleasure in detecting my Brethren's nakedness, Errors, Over-sights; nor in disparaging their Worth or Writings; yet I must needs acquaint thee, for thine own good, to preserve thee from seducement, with some material Observations touching their Independent Treatises; for which thou mayest chance to give me thanks.
First, That they all generally take that for granted, which they should prove and demonstrate to us: viz. That there is an exact and most absolute form of Church-Government prescribed to all Churches in the Scripture; from which no man must vary in the least title: And that the Independent Way it is, and no other. But when we demand of them how they prove it? or what that Way, Government, and Discipline is they contend for? or in what plain Scripture Texts they find it instituted and universally prescribed to all Nations, Churches? or how they make good all their transcendent Encomiums of their New Way? we find them altogether silent or unsatisfactory: telling us only a large story of the Pattern of the Tabernacle shown to Moses in the Mount; of the exact form of the Temple shown to David by the Spirit; and of Ezekiel's vision, and his and the Angels measuring of the Temple: Which are nothing to the point; and mere impertinencies, fit to delude the ignorant injudicious vulgar; who take their weak inferences thence for divine Oracles.
Secondly, That they are extraordinary bold, confident, peremptory, copious in their affirmations and positions concerning their Way; but very poor, lame, impotent, deficient in their proofs thereof: You must take their bare Assertions for undeniable Arguments, Proofes.
Thirdly, That their whole Independent Fabric is built either upon false Principles; As, that every Church is a complete, absolute, independent body of it self; subject only unto Christ: That no human Power upon earth hath any Right or Authority to prescribe any Rules or Orders to any particular Congregation: That just human Laws bind not the Conscience, in point of obedience: and the like. Or else upon false, or absurd Inferences from true Principles: As, that Christ is the King, Lord, Head, and Law-giver of his Church: Ergo, No man or human Power may make Laws or Canons, to regulate and order it, or anything in it, but Christ alone.
Fourthly, That to maintain their New Way of Government, they are enforced to deny the undoubted Power and Jurisdiction of Parliaments, Councils, Synods, Kings, and Civil Magistrates, in Ecclesiastical affairs; and to maintain such Paradoxes, Passages against their lawful Authority, as, if duly pondered, may justly induce all Well-affected persons to mistrust and abhor their Way, as Anarchicall, and destructive to all Christian and human Society.
Fifthly, That they are constrained publicly to deny, that there is any National Church under the New Testament; though they acknowledge one in the Old: Upon which ground they must of necessity likewise deny one Article of the Creed; That there is a Catholic Church; and themselves members of it, or of the National Church of England. They pluck up the bounds and orderly distribution of all Parish Churches; absolutely necessary to avoid confusion; to provide competent maintenance for Ministers; to bring all to frequent the public Ordinances: Warranted by Scripture; wherein we read not only of distinct Synagogues, and Tribes under the Law, but Churches under the Gospel. Approved by the practice of all Christian Churches, ever since there were Christian Emperors, Princes; and as necessary as distinct Families, Villages, Cities, Societies of men in civil respects; yea observed in New-England it self, though now disliked in Old: and thereby bring in mere Ataxy and Confusion among us.
Sixthly, They are constrained to wrest Scriptures against their meaning; to invent many strange Apocryphal new shifts, Interpretations, Distinctions, to evade direct Scriptures and fundamental Truths, never formerly questioned: They nullify and slight Examples of the Old Testament, in all things that make against them; and yet cry them up again, when they make for them; especially in the point of their Church Covenant; which they confess, hath no ground at all in the New Testament, but only in the Jewish Church under the Old. Which yet they will not admit a sufficient Proof of a National Church.
Seventhly, They intricate, gain-say things which are clear; take things for granted, that are either false, or doubtful; confound things in generalities, which they should distinguish; deny things that are apparently true; yea, which is worst of any, not only affirming, but believing most things with a reserve; according to their present light; to the posture of their present Judgment; as they are yet informed; with a liberty of altering or varying tomorrow, from what they affirm or believe today, upon new light discovered; Which is in truth to bring a mere Skepticisme into Religion; to play fast and loose with God and our own Consciences; to doubt all things; firmly believe nothing; to set up Opinion in the Throne and Place of Faith; and in conclusion to introduce flat Atheism.
Eighthly, They refuse Church-Communion with those who are not of their Way and Churches, excluding them from the Lord's Table, and their very Children from Baptism in their Churches, if they submit not to their Covenant and Way; judging them all professed Enemies to the Kingdom and Government of Christ; and so visibly without the Covenant of Grace: though never so Pious or Religious.
Ninthly, Their very Principles teach disobedience to Parliaments, Synods, Princes, Magistrates, and all other Superiors, in all their just Laws and Commands which concern the Church or Religion; dissolve all Relations, all Subordinations, and human Society it self, as I have here fully manifested.
Tenthly, They exceedingly magnify their own Way, Ministers, Writers, Opinions, Conceits; despising and under-valuing all others, in a kind of Pharisaical manner, not deeming them worthy their Church-Communion.
Eleventhly, They have high conceits of their own transcendent holiness; and under pretext of being more pious, pure, living more holily, and serving God more exactly than others, they do (without sufficient Grounds) quite sever from all other Churches; just like Popish Monks, Hermits, Anchorites, Nuns, Jesuits, and other Religious Orders, who separate themselves from others, under this very pretence of being more holy, and living more devout than others.
Twelfthly, They pretend themselves the greatest Enemies of all others to Papists, Arminians, Anabaptists, Socinians, Sectaries, and yet concur with them in their Opinions, Practices, Policies; fighting against us with their very weapons.
Of all which I thought good to advertise thee (kind Reader) lest thy good opinion of the Piety, and dignity of their Persons, (worthy all due honor and respect) should make thee swallow down their dangerous Principles and Opinions without strict examination: Whereas, good men's Errors are most infectious, pernicious; and so more carefully to be observed, avoided.
How far they have swerved from Verity and Antiquity in sundry Particulars; how fallacious and weak their principle Proofes and Arguments are, I have here in part discovered; and shall in due time (if God say Amen) put a Period to the other Part which is yet behind. In the mean time, beseeching God to prosper these my impotent Endeavors to thine and the public good, (which I have principally published for the satisfaction of the Learned, and such who most seduce the Ignorant) I shall dismiss thee with this wholesome Council of God himself, Ephes. 4. 14, 15, 16. Henceforth be no more Children, tossed to and fro, and carried about with every wind of Doctrine, by the sleight of men, and cunning craftiness, whereby they lie in wait to deceive: But speaking the truth in love, grow up into him in all things which is the Head, even Christ. From whom the whole Body fitly joined together, and compacted by that which every joint supplieth, according to the effectual working in the measure of every part, maketh increase of the Body, unto the edifying of it self in love.
Errata.
Faults escaped in some Copies: pag. 5. lin. 14. read Regis. p. 22. l. 24. Constitutions, r. Consistories. p. 25. l. 21. premissis. p. 61. l. 12. actaque. p. 65. l. 32. necesse. l. 34. receptat r. refrixerat. l. 46. dele to. p. 69. l. 5. Turlstan. p. 75. l. 31. inhibit. l. 34. resist. desist. p. 85. l. 22. the. p. 26. l. 31. ch. 1. p. 101. l. 1. servus. l. 12. universa. p. 108. l. 9. issue. p. 169. inform. p. 116. l. 36. Ministers. masters. p. 120. l. 9. 35. l. 24. with his. his own. p. 135. l. 45. clear. p. 131. l. 22. Fourthly. Fifthly. l. 31. Four. Five.
Margin. p. 66. l. 21. 22. r. Incarnationis, Anno. p. 119. l. 1. Rom. 13. 1. p. 124. l. 3. 11. r. 18.
Truth triumphing over Falsehood, Antiquity over Novelty, &c.
A S it is an unspeakable grief and corrosive to my very soul, to enter into public contestations with any of my Christian brethren, who profess the self-same faith together with me; so it would be a far greater heart-breaking, and much sorer affliction to my spirit, to behold upstart groundless Errors triumphantly insulting over ancient orthodox Verities, and dragging them captives after their domineering chariots. This makes me once more take up the Sword and Buckler, not of Polemicall School-divinity, but Historical Antiquity, to encounter those Adverse forces, which have taken up offensive arms, and waged open war in many new-printed Pamphlets, against the lawful Jurisdiction and sovereign authority of Christian Princes, Magistrates, Parliaments, assisted with the advice of Reverend Synods and Councils, in matters of Religion, church-government, Ecclesiastical Laws, Canons, Discipline: all which (through God's assistance) I hope totally to rout and dissipate, in such sort that they shall never be able to make head again, by this short sudden onset, which I have yet neither vacancy, nor time sufficient (through the multitude of other public avocations) to prosecute to the full.
I shall marshall my subitane collections of this nature under distinct Positive propositions, which I shall propound and prosecute in order.
Sect. 1.
Of the power of summoning Councils and Synods.
1 FIrst, I affirm, that the right and authority of calling or summoning Ecclesiastical Assemblies, Councils, Synods, whether General National, or Provincial, to settle matters of Religion, Worship, Church-government, or constitute Ecclesiastical Laws, belongs not to Bishops, Ministers, or private Independent Congregations; but to Princes, or supreme temporal Magistrates and Powers.
This Proposition militating both against Papists, Brownists, Anabaptists, and some Independents, I shall ratify by Scripture, and historical presidents in all ages, as well foreign as domestic, with brevity and perspecuity.
1. For Scripture-presidents and Authorities, we have Precepts to and Presidents of Moses, the prime civil-Magistrate among the Israelites. Num. 10. • , 3 4. c. 8. 9. c. 20. 8, 10. Exod. 35. 1, 4. &c. Levite. 8. 3, 4, 5, &c. c. 19. 2. Deut. 29. 2, 3. c. 31. 2, 3, &c. 28. 29. 30, &c. Of Joshua, c. 8. 33, 35. c. 22. 11, to 34. c. 23. 2, to 16. c. 24. 1, to 29. Of the chief Magistrates of the Israelites, Judge. 20. 1, to 12. Of David King of Israel, 1 Chron. 13. 1, to 6. c. 28. 1, 2, 3. c. 29. 1. to 26. Of King Solomon, 1 King. 8. 1, 2, 3. &c. 2 Chron. 5. 2. &c. Of King Asa, 2 Chron. 15. 8, to 16. Of Jehoshaphat, 2 Chron. 20. 3 4, 5. &c. Of Jehoiada, 2 Chron. 23. 1, to 20. Of King Joash, 2 Chron. 24. 4, to 15. Of King Hezekiah, 2 Chron. 30. 1, to 27. c. 31, 1, to 5. Of King Josiah, 2 Chron. 34. 29, to the end. c. 35. 1, to 20. Of Nehemiah, c. 8. 1. to 18. c. 9. 1, &c. Of Mordecai and Esther, Esth. 9. 17, to 32. And in defect of Christian Kings and Magistrates, the Apostles and whole Church, by mutual consent assembled together in a Synod Acts 6. & 15. as the high-Priests, Scribes, and Elders, met together and assembled in their Sanhedrim by temporal [ 2] authority, Matth. 26. 57. c. 27. 1. Mark 14. 51. 55. c. 15. 1. Luk. 22. 66. Acts 4. 5, 6, 7. c. 5. 21. to 42. c. 6. 12. c. 22. 30. c. 23. 1.
2. For foreign historical authorities in all ages and Churches of note. Socrates Scholasticus records, That since the Emperors were first Christian, the State of the Church hath hanged on them, and the greatest Councils have been, and be kept by their advice, yea by their summons, writs, and edicts. The first famous general Council of Nice was called by Constantine the great, the first Christian Emperor. Eusebius writes, that Constantine (not the Pope) gathered this general Council, and by honorable Writs called together the Bishops on every side, that they should hasten thither. Theodoret, This great and holy Council was gathered to Nicaea, by the grace of God, and by the godly Emperor Constantine. Cassiodore, That the zeal of the Prince raised up that most famous Council at Nicaea, who commanded the Bishops and their attendants to come to the Synod on public Asses, Mules and Horses, which he provided for them. Nicephorus Callisthus, That Constantine promulgated that most famous Synod of Nice in Bithynia, and by his Letters summoned thither the Bishops of all places by a set day; and among the rest Pope Julius, who by reason of his decrepit age sent Vitus his Presbyter for his Proxy: The like writes Sozomen in the same words. The Council of Rome under Pope Meltiades was convented by the same Constantine's Writ: and here (saith Eusebius) is a copy of the Emperors Writ, whereby he commanded a Council of Bishops to be kept at Rome. And Saint Hieroni, To stay certain Ecclesiastical dissensions, the Emperors writs caused as well the Bishops of the East as of the West to draw to Rome. Yea the Council of Orleans in France, and that of Tyrus (removed from thence to Jerusalem by the Emperors Letters) were both summoned by Constantine's Writs. The second general Council of Constantinople was called by Theodosius the elder; the Emperor; write Theodoret, Sozomen, and Nicephorus, commanded a Synod of Bishops to meet together in one place, out of the provinces of his Empire, to confirm the Decrees of the Nicene Council; and the Bishops therein wrote thus to the Emperor, We are come to Constantinople by your Majesty's commission. The third general Council at Ephesus was congregated by the younger Theodosius, Ex edicto pietatis studiosissimorum Imperatorum sanctum & universal concilium Ephesi coactum, writes Evagrius: with Laurentius Surius: and the Bishops themselves in the prologue thereof, Cum ex pio edicto coacti essemus in Ephesiorum Metropoli. And so far was Pope Leo from conceiving the right of calling Councils to belong to him, that he besought the Emperor Theodosius by an Epistle in these words, We beseech your godly Majesty to grant our supplication, that you would command a Council of Bishops to be holden within Italy: which Epistle not prevailing, he writes another to him in these words, All our Churches, and all our Priests, beseech your Clemency with sobs and tears, that you will command a general Council to be held within Italy: which yet he denied to grant, and summoned the same at Ephesus notwithstanding these entreaties. After which this same Pope entreated the Emperor Martianus, that it would please his Majesty to command a general Council; and writ to the Clergy and people of Constantinople, to make suit with discreet and humble prayer, that our most gracious Emperor would vouchsafe to grant our request, in that we have desired a general Council. Yea St Chrysostom being requested to do the like, writes thus to Pope Innocent, We went in and most humbly besought the most Christian Prince to call a Council. In like manner Sozomen records, that the Arians besought the Emperor Constantius to command a Council to be holden at Antioch; and after this entreated him to summon another Council at Milan: and that the Catholics sent Hypatianus their Ambassador to entreat the Emperor, that to redress certain errors they might have leave to meet together. So far were they from redressing new errors (much more then from framing, printing, Articles, Canons, Constitutions, Oaths and imposing new Rites and Ceremonies, as our Bishops lately did in their Episcopal Visitations) that they durst not attempt to decree anything positively against them without the Emperors special license first obtained; no not in a public Council, much less in a private Consitory.
But to proceed with general Councils; the fourth general Council at Chalcedon was assembled by the Emperors Valentinian and Martian, Facta est Synodus ex decreto piissimorum ac fidelium Imperatorum Martiani & Valentiniani, saith the first Action of that Council: This Council was first summoned by these Emperors to be held at Nice, by several Writs sent by them both to Pope Leo himself, (who was cited thereunto, and sent his Proxy thither) and to Anatolius Bishop of Constantinople, with other Writs to the holy Bishops in all places, recorded by Surius: where they appearing at the day prefixed, they sent two other Writs unto them, to remove them from thence to Chalcedon, because they could not be present at Nicaea: whereupon the holy and universal Council came together at Chalcedon, secundum sacram praeceptionem, according to their sacred command. The fifth general Council at Constantinople was called by the Emperor Justinian: Imperator Justinianus sanctam quintam synodum Oecumenicam, Episcopis ecclesiarum omnium evocatis, coegit, writes Nicephorus: and Justinian himself in his Letters to that Synod, recorded by Surius, recites, that the Council of Nice was congregated by Constantine; the first Council of Constantinople by Theodosius the elder; the Council of Ephesus by Theodosius the younger; the Synod of Chalcedon by Martianus; and then concludes, Ideo vocavimus vos ad regiam urbem, that he had therefore called them to the royal City to discuss the three chapters then in controversy, and to decide them according to these former general Councils resolutions; yea, Pope Vigilius was cited to this Council, to dispute together with the other Bishops there, concerning the three chapters. The sixth general Council of Constantinople was gathered together by Constantius Pogonatus, as his own letters of summons testify, and this passage in the first action of it: Conveniente quoque sancta et universali Synodo, qua secundum Imperialem sanctionem congregata est, in hac à Deo conservanda regia Urbe. The seventh general Council of Nice (so termed by the Papists, though false, spurious, and heretical) was summoned by Irene the Empresse, and her son Constantine: Conveniente sancta & oecumenica, hoc est universali Synodo, quae per gratiam divinam, piumque illorum Imperatorum, sancte orbem terrarum gubernantium decretum congregata est in clarissima Nicensium metropoli; are the words of the first action testifying the same. The eight ecumenical Synod at Constantinople was called by Basilius the Emperor; in the Prologue and first Act whereof, there was produced a letter of Pope Adrian’s to this Emperor, in these words: Volumus per vestrae pietatis industriam Constantinopoli numerosum celebrare Concilium.
As these first eight general Councils were thus congregated by Christian Emperors, not Popes or Prelates, so likewise National, provincial Councils and Synods have been always usually called, assembled by the Writs and Summons of Christian Emperors, Kings, Princes, not by Bishops, or private Christians: Thus the several Councils of Sardice, Millaine, Ariminum, Nicomedia, and Seleucia were assembled by the Emperor Constantius his Writs & Mandates; whence Athanasius writes thus of the Synods of Ariminum, & Seleucia, the passages whereof he records at large: A • Imperatore Proefectisque Literae sequentes in omnem partem missae sunt, eos qui illuc ituri essent convocantes. The Council of Illyrium was called by Valentintan and Theodosius: whence the Bishops in that Council in their Epistles to those Emperors give them thanks for their care and pains in assembling this Council in these terms. Apud quem gratias agenus vobis Clementissimi Principes, qui ad removendas altercationes congregare studuistis sacerdotale Concilium, & Episcopis dignatione vestra honorific • ntiam reservastis, ut nemo deesset volens, nemo cogeretur invitus Itaque juxta Mansuetudinis vestrae statuta convenimus. Saint Ambrose Bishop of Millaine speaks thus in that Council: Nos in occidentis parte constituti convenimus ad Aquilei •• seum civitatem juxta Imperatoris praeceptum. Palladius saith there likewise, Imperator noster Gratianus jussit Orientales venire, negas tu jussisse e • m? Ipse Imperator nobis dixit, se Orientales jussisse venire. Ambrosius Episcopus dixit; utique jussit. &c. The first • Council of Arelat about the year 314. was assembled. Constantini magni jussu. The first provincial Council of Agatha, was assembled by the Kings permission, for whose long life the Council prayed, ut qui nobis congregationis permiserat potestatem. The first Council of Orleans was summoned by Clodovick King of France as is evident by this Rescript of the Bishops of that Synod to him: Domino suo Catholica Ecclesiae filio Clodoveo gloriosissimo regi, omnes sacerdotes quos ad Concilium venire jvssistis: &c. Sacerdotes de rebus necessariis tractaturos in unum collegi jusseritis: The second Council of Orleans was summoned by the precept of most glorious Kings. Cum ex praeceptione gloriosissimorum regum in Aurelianensem urbem, Deo auxiliante convenimus; say the Bishops in the prologue to their Canons in it. The Council of Alebret met together by the consent of their most glorious Lord and pious King Theodebertus; The second Synod of Toures assembled together by the connivence of King Arithbertus: The fifth Council of Orleans was congregated by King Childebertus, together with the Council of Paris, as their Prologues testify. The third Council of Toledo was summoned by King Reccarredus, who, pro fidei suae sinceritate omnes regiminis suae Pontifices in unum convenire mandasset. The first and second Councils of Mascon, with the Council of Valentia were assembled by King Guntram: Ex evocatione gloriossssimi Regio Guntramni: juxta Imperium gloriosissimi Guntramni regis, say the Poems to these Synods Canons. The fourth Council of Toledo was called by the diligence of the most religious King Sisenandus, ut ejus jussis et imperiis, that by his precepts and commands, a common treatise of Ecclesiastical discipline might be compiled therein. Whereupon in the close of the Council they pray to Christ for this their King, cujus devotio nos ad hoc decretum salutiferum convocavit: The fifth and sixth Councils of Toledo were called by the Precept and writ of King Chintillanus: ex praecepto ejus et salutaribus hortamentis; The first and second Councils of Bracara assembled together ex praecepto, et per ordinationem, by the precept and appointment of the most glorious King Ariamirus. The seventh Council of Toledo met together studio, by the care and command of King Chindasiundus. The 8. 9. and 10. Councils of Toledo were congregated by the command of King Recessuinthas: ejusque serenissimo jussn ac sanctissimo voto. The Council of Cavailon was assembled ex evocatione vel ordination, by the summons and appointment of King Clodouicke. The eleventh Council of Toledo came together, hortatu, by the exhortation and precept of King Vuambanus: The 12. and 13. Councils of Toledo were summoned and celebrated ex glorioso jussu, by the glorious command of king Eringius. The French Synod Anno 642. was summoned by Charlemaine Ego Carlomannus dux et Princeps Francorum, cum consilio servorum Dei et Optimatum meorum, Episcopos qui in regno meo sunt cum presbyteris ad Concilium et Synodum, pro timore Christi congregavi: The Synod of Soissons was called by Childerick and Pipin; and so was the Council at the Palace of Venis: gloriosissimus atque Deo religiosus illustris vir Pipinus rex Francorum, universos pene Galliarum Episcopos aggregari fecit ad Concilium Vernis palatium publicum. The several Synods and Councils of Aquisgan, (or Aix) Paris, Lions, and Toulouse were summoned by Lewis and Lothorius their Writs and Mandates, as the marginal authorities largely evidence. The Councils of Frankford, Friuli, Arelat the fourth, Tovers, Cabilon the second: Mainz and Rheems were all called by Charles great; who (as Matthew Westminster and others write) in the year 813. commanded five several Councils to be celebrated at once, the first at Mainz, the second at Rheemes, the third at Towers, the fourth at Cavailon, the fifth at Arelat. The third Council at Aquesgran was summoned providentissimo et jussu salutifero of King Pipin, as were the two former by the wholesome command and most provident direction of his Father Lewis. The Councils of Meaux and Medardum, by the consent and command of Charles the son of Lewis: The Council of Valentia, by the Emperor Lotharius his command: ex jussione praefati Principis reverendissimi trium provinciarum Episcopy in unum collecti residissent: The Synod of Ticinum, and the Council of Wormes, An. 868. were congregated by the Emperor Lewis the second: The Synod of Colen Anno 887. by Charles the third his consent. The Council of Ments Anno 888. and of Triburby Arnulphus the Emperor: The Council of Ferrara by John Paleologus. The Provincial Synod of Augusta Anno 1548. by the Emperor Charles the fifth. Cui hanc Synodorum congregandarum facultatem veluti olim Constantino Imperatori totius •• re orbis acceptam ferunt, saith Otho the Popes own Legate. To these I might accumulate the Synod at Tholetum Anno 525. congregated by the command of Richard King of the Wisi-Goths. The Synod at Rome Anno 773. cited thither by Charles the great, to whom Pope Adrian and that whole Synod (consisting of 154. religious Bishops and Abbots) gave the right of choosing the Pope, and ordaining the Apostolical See with sundry others: yea most of the Councils that I have met with in Surius, Binius, Crab, Merlin, Photios, Carranza, Syrmond, Bochellus, Spelman, Cresconius, Fulgentius, Ferrandus, and other collectors of Councils and Synods, have been always usually called by Emperors and Christian Princes; That being most true which the Code of the Liberties of the French Church affirms, That most Christian Kings in allages, have been accustomed according to the state of things happening in their Realms, to call Synods, and provincial or National Councils, for the ordering of Ecclesiastical affairs; as the forecited presidents with infinite other testify; & the forequoted Councils, Fathers, Popes, Historians, together with St. Jerome and Pope Gregory the great resolve.
Most false & impudently arrogant then are the assertions of Pope Marcellus, Julius, Pelagius, Gregory, and Symmacus, (if Gratian misreports not their positions) as likewise of Gratian, the Canonists, Jesuits, and Popish Parasites who all stick not to publish without shame or fear;
[ 3] Thirdly, to proceed to our own English Synods and Councils, we shall find that the right of summoning them and of our Convocations hath always been an indubitable Prerogative of our Christian Kings or Parliaments, which I shall manifest. First by presidents. Secondly by Parliamentory resolutions. Thirdly by the Doctrine, Articles, and Writers of our Church. Fourthly by the determination of King James, King Charles, and our late Convocations.
To begin first with Presidents, both before and since the Conquest: The great Synod held at verolam Anno 446, to suppress the Pelagian heresy; with another great Council after that Anno 449, to like purpose; and the Council of Wales Anno 465, were summoned by the Kings and Peoples joint assents who together with the Clergy were present and voted in them. The Synod of Worcester, and at Augustine's Oke, under Augustine the first Arch-bishop of Canterbury Anno 603. was called Ethelberti Regis ope & auxilio, by the assistance or summons of King Ethelbert; adjutorio usus Edelberti Regis, write some. So was the Council held at Canterbury Anno 605 in which both the Clergy and people were present. The Synod of Streneshalch An. 664. under Oswy King of Northumberland, and Alchfrid his Son, who weee present at it, was summoned by their appointment, to decide the controversy, concerning the time of Easter, and other differences, Anno 693 King Alfrick Synodum Episcoporum convocari fecit, caused a Synod of Bishops to be called together. Anno 694, a great Council was summoned to meet at Becanceld by King Withred, who sat President therein, & praecepit convocari concilium: who likewise assembled and sat President in the grand Council of Berghamsted, Anno 697. About the year 714 there was a great Council of the Bishops, Princes, Nobles, Earls, and of all the wise-men, Elders, and people of the Realm, under King Ina; per praeceptum Regis Ina, by the precept of this King. An. 724 the Synod of Northumberland was convened authoritate & gratia Osredi, by the authority and favor of King Osred. The famous Council of Clovesho about the year 748, was assembled, Ethelbaldi regis Merciorum auxilio, who sat President therein, and in a former Council there held Anno 742. The Council of Calchuth An. 787, was congregated by Offa King of Mercians, and Kenulfe King of West-Saxons, who together with their Bishops and Elders of the Land (senioribus terrae) were present at it. The Council of Clyffe An. 800, was convented by King Cenulfe his authority and assent. A Synod was assembled by King Edward the elder: about the year 905, Rex praedictam Synodum congregavit, write the marginal Authors. An. 948. a Council and Parliament was summoned at London per regium edictum, by Aedred his royal edict; the King and his Nobles, as well as the Bishops being present at it. The Council of Enham An. 1009. ab Ethelredo rege edictum, was called by King Æthelred. The Council of Winchester An. 1070. was summoned and celebrated by the procurement of William the Conqueror, Rege procurante: so was the Synod at Westminster, An. 1075. Rex tandem Williesmus de negotiis agere constituens Ecclesiasticis An. 1075. apud Westmon • sterium Synodum coegit. This being the undoubted right of Kings in those days, caused Archbishop Anselm (though a great stickler for the Popes and Prelates supremacy) An. 1093. to move King William Rufus to command Councils to be revived after the ancient manner: Jube (ait) si placet, Concilia ex antiquo usu renovari, quae perperam acta sunt in medium revocari: who after held a Council at Westminster. An. 1102. by King Henry 1. his assent, ipso annuente. The Council at Westminster, held by the Popes • echerous Legate John de Crema An. 1125. was assembled Regis licencia, by the Kings own license: and the Council of London An. 1129. summoned by this King. The Council at Oxford against the Publicans was called by King Henry the second his Writ, Rex Episcopale praecepit concilium congregari, writes Neubrigensis: So the Synod of Cassels in Ireland for settling and reforming that Church, was congregated by King Henry the second his authority and command: The Council held by Hugo Cardinalis, the Popes Legat, at London under the same King An. 1176. was favore regio adjutus, called by the Kings favor and assistance. The Council of London under Otho the Popes Legate An. 1237. was summoned by King Henry the third his authority and consent: And all Synods, Councils, Convocations from that time till this present, have ever been summoned by the Kings special Writs for the most part, as is evident by Matthew Parkers Antiquitates Ecclesiae Britannicae, and by these ensuing ancient Presidents following, remaining upon Record.
Breve pro Convocat' habenda apud Lincoln, Anno Dom. 1321. Ed. Reg. 16.
Convocatio inchoata vigore brevis regii die Lunae proxim post fastum S. Sabiani & Sebastiani, An. Dom. 1369. Alia inchoat' eodem An. 21. die Januarii.
Convocat' inchoat' vigore brevis die Lunae proxim' post festum Pent' An. 1376.
Convocat' inchoat' vigore brevis die Lunae 9. die Novembris An. 1377.
Convocat' inchoat' 7. Maii An. Dom. 1382. quoad process. contra Haereticos.
Convocat' inchoat' 18. Novemb. An. Dom. 1382. continuat' ad 6. diem Janu. prox' sequent'.
Convocat' inchoat' 2 Decemb. An. 1383. contin' ad 4. diem ejusdem mensis.
Convocat' inchoat' 20. Maii An. Dom. 1384. contin' ad festum Pent' sequent.
Convocat' 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 find some Convocations and Synods summoned without any special Writs yet extant which perchance are lost: however, though they were summoned without special Writs, yet it was always by the Kings license, 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 terms.
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. Hilary 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. Johannes 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 find no Synod, Council, or Convocation, ever summoned or assembled but by the Kings special Writs, yet extant among our Records, the particularizing whereof, being superfluous, I shall here omit.
Secondly, our Acts of Parliament expressly resolve, that our Convocations, [ 2] Synods, Councils, ought to be summoned only by the Kings Writ. Hence the Statute of 8. H. 6. c. 1. recites, That all the Clergy are to be called to the Convocation by the Kings Writ: and thereupon enacts, That they and their servants shall forever hereafter fully use and enjoy such liberties and defense in coming, going, and tarrying, as the great men and Commonalty of England called to the Kings Parliament do enjoy. Hence the whole Clergy 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 Clergy of the Realm 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 Clergy, that they, ne any of them from henceforth should make, promulge, or execute any new Canons, &c. in their Convocations in times coming, which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT, &c. A clear confession and resolution, that Councils, Synods, and Convocations here in England, always have been, are, and forever hereafter ought to be called and summoned, (not by the Popes or Prelates authority and citations) but by the Kings royal authority and Writ. Hence the English Clergy in most Bills of their Subsidies since, as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidy granted by the Clergy. 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 testify, that their Synods Convocations are and ought to be summoned and held, only by virtue and authority of the Kings Royal 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, [ 3] ratified by Parliament, and all Clergy-men's subscriptions to them; as also by our present Sovereigns Declaration prefixed 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 general Councils (and by the self-same reason National and Provincial) may not be gathered together (by Popes, Prelates, or any other, persons) without the Commandment or will of Princes. Therefore the sole right of summoning them, belongs not to Popes or Prelates, but to Princes and other supreme temporal Magistrates. And as these Articles, so the learned Writers of our Church, as incomparable Bishop Jewell in the defense of the Apology 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 poor man's 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 Controversia 3, de Conci •• s. Quaest. 2. p. 577. to 585. Doctor Willets Synopsis Papismi. Controversi. 3. Concerning general Councils. Quaestion 2. Doctor John White his way to the true Church, sect. 29. n. 28. p. 111. Master Rogers his Analysis on the 21. Article Proposition 1. with sundry others whom I pretermit, subscribe, and justify this truth against all Romish opposites. And if these be not sufficient; all the Reformed Churches in their several confessions, registered in the Harmony of confessions, & cited by Master Rogers in his Analysis of the 21, Article; with the whole Classe of their learned Writers unanimously resolve; That the power of calling Councils, Convocations, Synods, belongs not to Popes or Prelates, but only to Christian Emperors, Kings, Princes, and other chief temporal Magistrates; which our late famous King James, (in the last place) in his Letters Patents prefixed before the Canons and Ecclesiastical Constitutions made in Convocation Anno 1603. ratifies to the full; affirming, that the Synod and Convocation at that time held, was, and ought to be summoned and called only by virtue of his royal Writ. The like is affirmed by our present Sovereign King Charles in his Declaration before the 39. Articles, and in his Patents, Commissions, licenses for making the last new Canons 1640. and resolved in the first Canon thereof.
From this 1. Proposition thus plentifully ratified by uncontrollable Presidents, and public Authorities of whole Synods, Parliaments States, in all ages, which infinitely over-balance the inconsiderable rash opinions of any private men, I shall deduce these Consectaries.
1. That the chiefest care of defending, propagating the true Religion, suppressing errors, heresies, schisms, vices, and enacting Laws, Canons for this end, for the Churches peace Government and advancement of God's true Worship, belongs to Christian Princes or supreme temporal Magistrates, and is an essential part of their duty; because the right and trust of calling Synods Councils upon all such occasions, is thus originally vested in them.
2. That Synods & Councils are very useful, necessary, profitable to the Churches of Christ if rightly ordered, else God himself, all Christian kingdoms states, Churches would not have invested Kings & supreme civil Magistrates with such a power of convening them; nor all Christian Kings, Emperors, but made so frequent use of this their power, not only without opposition, but even with public approbation; yea such hath been the necessity and expediency of Synods and Councils in all Christian Churches in all ages, That the general Council of Nice An. 363, the Council of Antioch Can. 20. the first Council of Constantinople Can. 3. the Council of Afric Can. 18. the Council of Chalcedon Can. 19. the third Council of Toledo under King Reccaredus An. 600. cap. 18. the fourth Council of Toledo under King Sisenandus An. 6 • 1. the Greek Synods collected by Martin Bishop of Bracara cap. 18. the second Council of Arelat Can. 2. the third at the same place Can. 1. and the fourth, Can. 37. the second Synod of Towers. Can. 1. the fifth Council of Orleans cap. 11. the Council of Hereford under King Egfred, An. 670. the sixth Council of Constantinople Can. 8. the Council of Antricum Can. 7. the Council of Mascon Can. 20. the Synod of Soissons under King Childeric; the Council under King Pepin at the Palace of Vernis, An. 755. cap. 4. the Council of Paris under Lewis, and Lothaire An. 829. the Council of Meaux An. 845. cap. 32. yea the great Council of Basel,
Sect. 2.
THat Bishops and Clergy-men when assembled in Councils, Synods, and Convocations by Christian Princes and Magistrates, have always been limited and directed by them, not only for the time and place of their meeting, but likewise for the manner and matter of their debates and proceedings: having no power, liberty to debate or determine anything but what was first prescribed them by their summoners, or by their special Licence first obtained. With a touch of Princes and Laymens presiding, judging, voting in Synods and Councils.
Secondly, As Bishops and Clergy-men cannot summon Councils or Convocations, not yet assembled together in them, but by the Princes and supreme temporal Magistrates authority, who always appointed both the time and place of their meeting, continuance and dissolution (as all ages, Authors attest) so when they are lawfully met in Councils they cannot debate, determine any points of faith, nor yet frame any Ecclesiastical Canons, Laws, Constitutions in them, but by the Princes or Magistrates license & direction that summoned them: who have always both abroad and at home, prescribed them either in general or special terms, what things they should debate, treat of, and conclude in their Synods, confining them to such particulars, for the determination and ordering whereof, they were convened, as well as to the time and place of their assembling.
This is evident by sundry Presidents. The first famous general Council of Nice, and the Bishops therein assembled, were thus licensed and limited by Constantine the great, who fate President in it, as Eusebius with others manifest at large: The Bishops assembled by him in the Synod of Tyrus, were limited likewise by him how to proceed, and what to treat of, as appears by his letters to them; wherein after he had exhorted them to peace and unity, he chargeth them not to delay, but to define the present controversies with all earnest endeavor, within those fitting bounds he there prescribed; telling them, That he had sent Dionysius the Consul to admonish them of all things they were to do, and who ought to be present at their Synod, Maxim vero ut idem animadversor sit & custos conservandae aequalitatis & ordinis: but especially that he should be an observer and keeper of that aequability and order which he had prescribed to be observed in that Synod, The Bishops assembled by Constantius his Edict in the Council of Ariminum most humbly requested his Majesty, of his gracious favor and wonted clemency, to grant them license and lawful favor firmly to persevere in those things which their ancestors had decreed, and that nothing might be diminished or added unto the old and ancient decrees. In the Council held at Seleucia summoned by Constantius precept it was commanded by this Emperors Edict that they should reason of the faith and Arian opinions in the hearing of Leonas, a Layman of great authority and fame in the Emperors Court who was chief President in that Synod to order it; who in the first day of its assembly, commanded, that everyone should freely propose what pleased him best, touching the questions of faith there controverted: he and Laurocius Captain of the Garrison in Isauria swaying that Council, ordering what they should treat of, and how proceed. Yea Constantius himself (as Nicephorus records) appointed both the Synods of Ariminum and Seleucia by his letters, that they should first of all decide the controversy of the profession of the faith; afterwards deliberate of other Ecclesiastical sanctions; and after that of those Bisho • s that had been wrongfully deposed or banished. The second general Council at Constantinople, was enjoined by Theodosius the elder, who called it, to confirm the Decrees of the Council of Nice, and to deliberate upon whom the See of Constantinople, then void, should be conferred. In the fourth general Council of Chalcedon, Pulcheria the Empresse writes to Strategus Consul of Bithynia, to have a 〈◊〉 , that the Synod should observe all discipline and order, without commotion or contention; and in this Council divers of the Emperors great temporal Officers and Senators of State, sat as chief Moderators, Governors, Judges, ordering and directing the Bishops, who did nothing but by their advice and permission, according to the Emperor Martianus instructions, in his Oration in and to that Synod, and his Epistles to Count Elpidius. In this Council Dioscorus, Juvenalis, and Thalassius were condemned and put from their Bishoprics, by the Lay-Judges, and many noble Senators presiding in it, who used this speech in that Council concerning the debates of faith: We see, that touching the right Catholic faith, the next day whereon the Council shall meet, there must be had a more diligent examination; When all matters were ended, the Bishops and Council remitted all their acts to the Emperors Majesty; yea when the Senate and Emperor had concluded and published their Judgments of the Councils determinations; The Bishops of the East brake out into these acclamations, Just and right is the Judgment: Long life to the Senate, many years to the Emperor: acknowledging them the supreme Judges, as well in Ecclesiastical Causes and matters of Religion, as in temporal affairs. Whence the Emperor Theodosius writ thus to this Council, Because we know the most magnificent Florentius a Nobleman, to be faithful, and approved in the right faith; Therefore we will, that he be present to hear the debates of the Synod, because the Disputation is concerning matters of faith; he being one of the Judges in this Council. This Emperor Theodosius, the better to bring his Churches unto unity (then miserably distracted about matters of faith) Commanded an assembly of the Bishops and best learned men to appear before him, and to write several confessions of their faith, That himself might Judge between them which faith was best.
Theodosius the younger sent his letters to Dioscorus the Patriarch of Alexandria, in this, and in the second Council of Ephesus with these words, We decree, that the most holy Bishops meeting together, this vain doubt may be discussed, and the true Catholik Faith confirmed; Therefore your Holiness bringing ten of the most reverend Metropolitans that be within your Province, and ten other holy Bishops well accounted of for their learning and conversation, shall hasten withal speed to meet (the rest) at Ephesus by the first of August next, no Bishop besides the foresaid troubling the sacred Synod; If any Bishop fail to come to the place prefixed at the time appointed, he shall have no excuse neither with God, nor with us. As for Bishop Theodoret, whom we command to attend at home on his own Church, we determine, that he shall be none of our assembly, unless the whole Council think good to have him one. But if any dissent, We command that the Synod fit without him, and dispatch those things which we have appointed them. And in his second letters to the same Bishop, Because we suspect that some of Nestorius favorers will do their best to be present at this Council; Therefore we think needful to advertise you and the whole Synod, that not only in respect of Theodoret, but of all others which have ought to do in your Council, we give you the preeminence and chief authority. And those that add or diminish any thing to or from the Nicene Fathers, and the Fathers since that assembled at Ephesus, We suffer them not to presume anything in this sacred Synod, but will have them subjected to your Judgment, because we have appointed this Synod for that purpose. And in the very same Council he likewise commanded; That those Bishops, who not long before sat in judgment upon Eutiches, should be present, but silent, and give no voices (with the rest) as Judges, but expect the common determination of all the rest of the sacred Fathers. And also commanded that they should neither say, neither do anything in the sacred Council, until the right faith were considered. Yea the Emperor Martian charged the 630. Bishops in this great Council, That none of them should dare dispute of the Nativity of our Lord and Savior Christ, otherwise that the 318. Fathers of Nice determined. And in the same Council Eusebius Bishop of Dorilaeum put up a supplication to the Emperors Martian and Valentinian: against Dioscorus Patriarke of Alexandria, with these words: In most humble wise we beseech your Majesty, that you will command the Reverend Bishop Dioscorus to answer to those things that we lay to his charge, for confirming a wicked heresy and deposing us unjustly; directing your sacred Precept to an ecumenical Council of Bishops, to hear the matter between us and the said Dioscorus; and then to certify your Majesty's of the whole cause, that you may do therein what shall please your Graces. Justinian the Emperor limited the fifth general Council of Constantinople and the Bishops in it, how they should proceed, and what they should treat of (to wit, of the three Chapters) by his letters to them; and they there accord what the Emperor did specially command them to do. Constantius Pogonatus prescribed the sixth general Council of Constantinople called by him, to handle and define the Chapter delivered to them by his appointment, and to prove the same by holy general Synods and Fathers: yea, himself sat President in that Council, and directed it as he thought meet, as the beginning and end of every action of that Council manifests; Praesidente eodem piissimo & Christo dilecto magno Imperatore Constantino. Constantine piissimus Imperator dixit, sufficit, &c. being frequent in it, and many of his temporal Lord's and Officers sat there as Judges with him. The seventh general Idolatrous Council of Nice, was likewise regulated, directed by the Letters of Constantine and Irene, by Petronius the Proconsul, Theophilus an Earl of the Emperors retinue, and by John his royal Porter and treasurer of his Army, with other Senators, who sat as chief Moderators in that Council. The eighth general Council was prescribed and directed how to proceed, and what to treat of, by the Emperor Basilius; who caused his Princes & Nobles to sit in that Council as principal directors, whose judgment the Popes Legates themselves in that Council demanded, himself sitting sometimes in person therein as chief President. As all these general Councils were thus regulated and directed by those Emperors that summoned them and debated, concluded nothing but by their special license and direction: so all other forecited National and Provincial Councils were likewise limited and directed by those Emperors and Kings that called them, as the fore-alleged quotations evidence at large to such as will peruse them many of these Emperors, or their temporal deputies, sitting personally in them, as chief Presidents and Moderators. The Bishops in the first Council of Orleans Anno 500 write thus to King Clodoveus, who summoned them; Al the Priests which ye have summoned to the Council, and commanded to meet together to treat of necessary things, secundum vestrae voluntatis consultationem, ET TITULOS QVOS DEDISTIS, according to the consultation of your pleasure, and the Titles You have given us to consult of, we have deferred those things which seem meet to us: so as if those things which we have concluded may likewise be approved to be right by your judgment, the consent of so great a King, and of a greater Lord may by his sentence and authority confirm the sentence of so many Clergymen to be observed. Lo here the King prescribes this Council particularly in writing what Articles they should treat of. In the several Council of Basil, Florence, Lateran. Constance, Sennes and Trent, summoned by the Popes usurped authority, the Emperors, Kings, Dukes, and Princes, who sent any Bishops to those Councils, had their Ambassadors and Agents (though Laymen) present at them, swaying and directing them as they thought meet, though in some of them the Popes faction bare the greatest stroke as the several Acts of these Councils testify; some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations, which they limited, decreeing a Council to be above the Pope, and he to be bound by its determinations as well as others; some Popes being accused, convented, and deprived by them, though they summoned them, or rather were enforced to call them by the Emperors and other Princes, against their wills To conclude with foreign presidents, the late famous Synod of Dort Anno 1618. was summoned by the Estates of the Netherlands, who enacted certain Laws and prescribed Articles to the Synod, according to which they should proceed;
As for Lay-men's presence, presidencie, and Votes in Councils, to give a little
satisfaction herein in this Section, it is evident by the fore-cited Texts in
the Old Testament, and by Presidents in the New, (as
Acts 6. 1.
to
8. c. 15. 4.
9. 22. to 30. c. 16, 4. c. 21. 22.) That Lay-men were not only present, but had Votes
and consents in the first Apostolical Councils.
In the
Council of
Ephesus,
Candidianus,
a Noble-man,
was appointed by the Emperor to hold the Fathers
there assembled to the points proposed, and to keep every man in order, giving the
chief directions therein.
In the
French Synod under
Childerick
and
Charleman
Anno 742.
In the Synod of
Soissons Anno 744.
of
Wormes Anno 787.
of
Meaux Anno 845.
of
Pistis Anno 863.
of
Tribur
under King
Arnulph,
of
Paris
under
Philip Augustus, An. 1179,
and 1184. of
Vezelay
under
Laws
the young, of
Paris
under
Philip the fair,
called against
Boniface
the 8.
of
Bourges
under
Charles
the seventh, which made the pragmatic sanction: of
Toledo 6. 8.
& 12. of
Rome
under
Otho
the first: of
Wormes
under
Henry
the third: in the
Council held in the South part of
England An.
903.
under King
Edward
and
Raymond:
in the Council of
London
under King
Stephen An. 1150. these several Kings, together with their Barons, Nobles,
and other Lay-men, were present in all these Synods, Councils, as well as Clergiemen
or Prelates, and gave consenting, confirming Votes to things debated, concluded
in them:
these Synods being in truth mere Parliaments, as I shall hereafter
manifest. In the
Council of
Constance
there were present not only the
Emperor, but divers Ambassadors, Nobles, and Lay-men of great quality and
condition; to wit 24 Dukes, 140 Earls, divers Delegates of Cities and Corporations,
divers learned Lawyers and Burgesses of Universities, who were not debarred
from voices, and power of deliberating therein.
In the first
Council of
pisa,
there were present to the number of 400 Lay-men of note, delegates of Cities, Universities,
States, Princes, and Doctors of Law; who not only deposed two Anti-popes,
and elected a third true Pope, but likewise treated of points of Divinity, and made
many good ordinances for the Church of God.
In the second Council of
Pisa
there were many such Delegates, Doctors of Law, and Lay-men, well skilled in divine
and human matters.
In the first Council of
Nice,
there were present
(writes
Socrates)
many very learned Lay-men,
and well skilled in disputation,
who puzzled great Philosophers in matters of dispute. In the general
Council at
Reimes,
holden by Pope
Eugenius
the third, there were a great
company of Nobles as well as Bishops, as
Neubrigensis l. 1. c. 19.
records. In the
Lateran
Council held by
Charles
the great and Pope
Adrian,
and called
principally by this Pope, the Council was most solemnly held by 53 Ecclesiastical
persons, Bishops or Abbots, together with Judges, Magistrates, and Doctors
of Law from all parts and also persons of all sorts and states of that City,
and all the Clergy of the Church of
Rome; who made enquiry of the customs,
laws, and manners of that Church and Empire; consulting also by what means
heresies and seditions might be rooted out of the Apostolic See; and treating of
the dignity of the Senate and Empire of Rome, seeing that by reason of these things
a false error was spread over the whole world.
In another Council of
Lateran
under Pope
Leo
and the Emperor
Otho,
the Pope himself in his Speech
to the Emperor, confesseth, that
that Council consisted not only of Clergymen,
but of Judges and Doctors of Law.
That such may be competent and meet
Judges
in matters of Religion and Church-affairs, is evident by this notable
passage of Cardinal
Jacobatius
(though a great stickler for the Popes and
Prelates authorities)
that in a Synod holden before
Constantine
and
Helena,
where
it was disputed, Whether the Jewish or Christian Law should be preferrred?
Craton
a Philosopher who would not possess any worldly goods, and
Zenosimus,
who never received
present from any in the time of his Consulship,
were appointed Judges
of
this controversy:
With which the saying of learned
John Gerson,
Chancellor
of
Paris,
accords,
There was a time, when without any rashness or prejudice
to faith, the controversies of faith were referred to the judgment of Pagan
Philosophers; who presupposing the faith of Christ to be such as it was confessed to
be, however they did not believe it, yet they knew what would follow by evident and
necessary consequence from it, and what was repugnant to it.
Thus it was in the
Council of
Nice,
as is left unto us upon record. So likewise
Eutropius,
a Pagan
Philosopher, was chosen JVDGE between
Origen
and the
Marcionites,
who were condemned by him. If Pagan Philosopehrs then
much more
Christian Laics, endowed with learning and wisdom, may be fit Judges of
controversies of Religion and Ecclesiastical affairs, and fit to have Votes in
Synods: And that they have been so deemed in ancient times, is evident by
one memorable history recorded by
Possidonius,
in the life of S.
Augustine cap.
12, 13, 14.
who not only informs us, that
Crispinus
Bishop of
Calamen,
a
Donatist,
being accused before the Proconsull for an Heretic, and for breaking the
laws against Heretics; and denying himself to be one, St
Augustine
and he debated
the controversy three several times before the Proconsull, in a great multitude
of Christian people expecting the event, both at
Carthage,
and throughout all
Africa;
and that
Crispin
at last was pronounced an Heretic by the Proconsull
by a judicial sentence.
After which there was a
general meeting at
Carthage,
between all the Catholic Bishops and the
Donatists, by the special
command of the most glorious and religious Emperor
Honorius
who sent
Marcellinus
the Tribune and Notary into
Africa,
to be Judge in that Collation;
In which Conference the Donatists being thoroughly confuted and convinced of error
by the Catholics,
were condemned by the sentence of the Judge:
From
which sentence they appealing to this Emperor were afterwards upon full hearing
condemned by him, and declared Heretics:
Upon which Appeale of theirs
St.
Augustine
descants thus: Is it peradventure not lawful for the Emperor, or those
whom the Emperor shall send, to give judgment in a matter of Religion? Why
then came your Ambassadors to the Emperor? why made they him the Judge of
their cause? &c.
The Act of
Marcellinus
his sentence against the
Donatists
runs thus:
To the end that apparent error may undergo the yoke of revealed
truth, by the authority of this present Edict, I advise all men of what condition soever
Land-lords, Stewards, and Farmers, as well which hold of the Crown, as of private
possessions, with the Ancients in all places, that not forgetting the Laws,
their own dignity, honor, and safeguard, they do their endeavor to hinder all
Conventicles of the Donatists, in all Towns whatsoever; who shall be bound to
surrender up to the Catholics those Churches which I allowed them of courtesy
until the day of sentence, without Commission from the Emperor.
Photios
Bishop of
Smyrnae
being accused for an Heretic by the Council there, was afterwards
admitted to dispute with the Catholic Bishops; in which dispute
(saith
Sozomen)
certain Judges were ordained for Presidents of the Council,
who from that time forwards were accounted men of prime rank in the palace,
both for knowledge and dignity: after many objections and answers
pro
and
con, Basil
Bishop of
Ancyra,
who defended the doctrine of the Catholics,
got the victory, and
Photinus
was condemned and sent into banishment.
Athanasius
in his
2. Apology,
requests that the Emperors most godly and religious
Majesty might have the hearing of his own and his churches cause;
But to return to the point proposed. As in the forecited Councils abroad, so in our Councils, Synods, and Convocations at home, as our Kings and their Nobles were usually present and president (as I shall show hereafter) so the Prelates could debate propound, and conclude nothing without their privity and license. Hence Eadmerus records of King William the Conqueror, that all divine and human things did expect his approbation, for he would not suffer any man living within any of his Dominions to receive the Bishop of Rome, as Apostolical, unless he commanded him, nor yet to accept his Letters upon any terms if they had not been first shown to him. Yea he did not suffer the Primate of his Kingdom, to wit the Arch-bishop of Canterbury or Dover, if he sat President in a general Council of Bishops gathered together to decree or prohibit anything; but those things which were suitable to his will, and had been first ordained by himself.
William Rufus his son took the same jurisdiction on him, and challenged it as part of his Prerogative Royal. For when as Anselm Arch-bishop of Canterbury moved him; to command, if he pleased, Councils to be renewed, according to the ancient use, because there had not been a general Council of Bishops in England since his coming to the Crown, not in many years before: he gave him this reply: When I shall think fit, I will do something concerning these things, not at thine, but my own pleasure. But of this I shall think some other time, and adds by way of scoff; but thou, whence speakest thou in a Council? After this, the King demanded of him, from what Pope he would receive his Pall? he answered, from Urbane: which the King hearing, replied, That he had not yet taken him for Apostolical, neither had it been the Custom in his or his Fathers time, that any one should name a Pope in the Kingdom of England, without or besides his license or election; and whosoever would wrest from him the power of this dignity, should do all one, as if he had endeavored to take his Crown from him. If therefore thou recivest the same Urban or aeny other for Pope in my Kingdom, or holdest him being received, thou doest against the faith and allegiance which thou owest to me, neither dost thou offend me less in this, than if thou shouldest endeavor to take my Crown from me. Wherefore know, that thou shalt have no share or portion in my Kingdom, if I shall not see thee by open assertions to deny all subjection and obedience to Urban, at my desire; Which he refusing to do, the Bishops and Noblemen sent to him from the King, told him; Tha • the whole Kingdom complained against him, that he endeavored to take away from their common Lord the dignity of his Empire and his Crown: For whosoever deprives him of the customs of his Royal dignity, takes away his Crown and Kingdom together with it, for one cannot be decently enjoyed without the other. So little power had the Pope or Prelates here in England in those times. Anno 1234. there was a Council held at Gloucester, to which the King sent this Mandate, Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestriam die Sabbati. in chrastino Sanctae Catharinae firmiter inhibendo, quod sicut Baronias sua quas do lege tenent diligunt, nullo modo praesumant Concilium tenere de aliquibus quae ad coronam Regis pertinent, vel quae personam Regis vel statum suum vel statum Concilii sui contingunt, scituri pro certo quod si fecerint, Rex inde se capiet ad Baronias suas. Teste Rege apud Hereford 23. Novembris &c. Anno 1237. in the Council held at London under Otho the Popes Legate; the King sent the Earl of Lincoln with others to the Legate sitting in Council with an Inhibition in the Kings name to determine of nothing against the Crown and Dignity: Ut dicto Legato (writes Matthew Paris) ex parte Regis & Regni inhiberent, ne ibi contra Regiam coronam & dignitatem aliquid statuere attemptaret: and William de Reel, one of the Messengers remained in the Convocation house, to see this Inhibition observed, clothed in a Canonical Cap and Surplis, the others departing thence. So in 26. Hen. 3. rot. 21. 9. E. 1. rot. 2. 11. E. 2. rot. 10, 18. E. 3. rot. 21. in the Tower, and in many other Records; I find a general Prohibition usually directed to the Convocation the Prelates and Clergy therein (such loyal subjects usually were they) Ne quid attemptarent contra jus Regium: Ne quid statuant contra Regem in Concilio suo: Ne aliquid tentetur contra Coronam Regis in congregan • ione Cleri, &c. the King confining them of what to treat and conclude, of what not to entermeddle without his special license. Not to mention, That our Kings have frequently prescribed the Convocation what Subsidies they should grant, and how they have handled them in case they refused to grant them: The Statute of 25. H. 8. c. 19. Records; `That the Clergy of the Realm of England, submitting themselves to the Kings Majesty, then promised in verbo Sacerdotii, that they would never from thenceforth presume to attempt, allege, claim, or put in ure, or enact, promulge, or execute any new Canons, Constitutions, Ordinance provincial or other, by whatsoever other name they shall be called, in the Convocation, unless the Kings most Royal assent and Licence may to them he had to make, promulge, and execute the same, and that His Majesty do give His most Royal assent and authority in that behalf. And thereupon enacts according to the said submission and petition of the Clergy that they (assembled together in Convocation) ne any of them (to wit in their several Visitations, Synods, Constitutions, Chapters) from henceforth Shall presume to allege, claim, or put in ure any Constitutions or Ordinances provincial or Synodals, or any other Canons nor shall Enact, Promulge or execute any such Canons, Constitutions or Ordinance provincial, by what name or names they may be called in Convocation for time to come, unless the said Clergy may have the Kings most Royal assent and license to make, promulge and execute such Canons, Constitutions and Ordinances provincial or Synodal: upon pain of everyone of the said Clergy doing the contrary to this, being thereof Convict, to suffer imprisonment, and make fine at the Kings will. Hence the whole Clergy of England in their Book entitled The Institution of a Christian man dedicated to K. Henry the eight, Anno 1543. subscribed with all their names in a Convocation, Chapter, of Orders; acknowledge this sovereign jurisdiction of the Prince 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 self appointed and commanded a public Disputation to be held at Paul's Church in London in the Convocation house about the matter of the Sacrament, which was accordingly held, and continued six whole days, many Earls, Lord's, 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 ratify. 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 suppress 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 Lord's and others of the Privy Council (as well for the satisfaction of persons doubtful, 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 confer 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 custom 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 Ecclesiastical Rites, so the same be to edification.
3. It cannot be proved by the word of God, that there is in the Mass offered up a sacrifice propitiatory for the quick and the dead.
As this was the practice of this blessed pious Queen in the beginning of her Rain 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 Rain: and that not only 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 Defense of his Apology 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 Rain.) It seems 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 self from the beginning to the end of her happy Raign and ever since, should be deemed mere Antichristian, Diabolical, theomacall, and mere Popish doctrine now; when as the contrary opinion is really such.
Our late Sovereign King James, in his Letters Patents before the Ecclesiastical Canons and Constitutions made in Convocation A • . 1603. recites, that he called that Convocation by his Writ, and that • e did By several Letters Patents under his Great Seal of England, the one dated the 11. of April, the other the 25. of June, in the first year of his Rain, Give and grant full, free and lawful liberty, power and Authority unto the said Clergy in their Convocation (who without such a Patent and License could debate and conclude nothing, else it had been vain and superfluours) To confer, Treat, Debate, Consider, Consult and agree, of and upon such Canons, Orders, Ordinances and Constitutions, as they shall think necessary, fit, and convenient, for the honor and service of Almighty God, and quiet of the Church, and the better government thereof, &c. And our present Sovereign King Charles, in his Declaration printed before the 39. Articles of the Church of England, (made by the advise of so many of the Bishops as might conveniently be called, & twice printed by his special command, An. 1628.) resolves in these very words, this point of his royal Prorogative derived from his Predecessors: That We are supreme Governor of the Church of England: and that If any difference arise about the external policy concerning Injunctions Canons, or other Constitutions whatsoever thereto belonging the Clergy in their Convocation (not the Bishops in their Consistories, Visitations, or high Commissions) is to order and settle them: having first obtained leave under Our broad Seal so to do, and We approving their said Ordinances and Constitutions; provided, that none be made contrary to the Laws and Customs of the Land. What power our Kings have excercised in Convocations to direct and limit them in all their proceedings, determinations, Canons in former ages, especially since 25. Hen. 8. c. 19. will appear; First by the form of our Kings Writs for summoning a Convocation; of which I shall give you only one late president, agreeing in form and substance with all former Writs of this kind.
CAROLVS Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex fidei defensor, &c. Reverendissimo in Christo Patri ac fideli Conciliari • Nostro Gulielmo, eadem gratia Cantur. A chiepis. totius Angliae Primati & Metropolitano, salutem. Quibusdam arduis & urgentibus negotiis Nos, securitatem & defensionem Ecclesiae Anglicanae, ac pacem & tranquilitatem, bonum publicum & Defensionem regni Nostri & subditorum Nostrorum ejusdem concernentibus Vobis in fide & dilection quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis & ponderatis, universos & singulos Episcopos vestrae Provinciae, ac Decanos Ecclesiarum Cathedralium, nec non Archidiaconos, Capitula & Collegia, totumque Cle • um cujuslibet diocesios ejusdem Provinciae, ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proxime futuro, vel alibi, prout melius expedire videritis, cum omni celeritate accommoda modo debito convocari facias, ad tractandum, consentiendum, & concludendum super premissis, & aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra: Et hoc sicut Nos, & Statum Regni Nostri, ac honorem & utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis. Teste meipso apud Westmonast. vicesimo die Februarii Anno regni Nostri quintodecimo.
Secondly, by the form of the Kings royal License commonly granted to the Convocation, before they may or can debate of anything particularly, the form whereof you may discern in this subjoined, directed to the last Convocation, 1640.
Per Regem Ipsum.
Willys.
To which I shall add the Kings further Warrant, for making a particular Canon and Oath in the late Convocation.
Charles R.
MOst reverend Father in God, right trusty and right entirely beloved Counselor: Right reverend Fathers in God right trust and well-beloved: and trusty and well-beloved, We great you well. Whereas We out of our mere grace and favor, and for the good and peace of the Church, have granted to you our Arch-Bishop of Canterbury, free leave and license under our great Seal of England, bearing date the twelfth of this instant May, to propose, treat, and conclude upon all such necessary Articles and Canons, which you shall find fit to be ordered for the peace and government of this Church: Provided that you shall thereby have no power to meddle with nor alter anything ratified and confirmed by Act of Parliament. And whereas we have further in that Licence which we have granted unto you, reserved power to our self to command you to propose, treat, and determine of any such thing or things as we shall recommend unto you under our Sign Manual or Signet. These are therefore to will and require you to propose, treat, and conclude upon such a Canon, as may secure us and all our loving subjects against all growth and increase of Popery in this our Kingdom; as also of any heretical or schismatical opinions to the prejudice of the doctrine or discipline of this Church of England, established by Law: And that in this case you agree upon some Oath to be taken by your selves, and all the Clergy respectively, and by all which shall hereafter take upon them holy Orders, that they shall adhere constantly to the doctrine and discipline here established, and never give way (for so much as can any way concern them) to any innovation or alteration thereof. And when you have made this Canon, and inserted this Oath, we require you to present it to us, that we may advise upon it; and if upon mature consultation we approve it, we shall confirm it, and then give you power under our great Seal both to take the said Oath yourselves, and to administer it to all such as the Canon appoints. Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth year of our Reign.
To the most Reverend Father in God, our right trusty and right entirely beloved Counselor the Lord Arch-bishop of Canterbury, Primate and Metropolitan of all England: To the right Reverend Fathers in God, our right trusty and well-beloved the Lord's Bishops; and to our trusty and well-beloved the rest of the Clergy now assembled in Convocation.
The care of God's Church is so committed to Kings in the Scripture, that they
The power to call and dissolve Councils both national and provincial is the true right of all Christian Kings within their own Realms or Territories:
CHARLES, by the Grace of GOD, &c. Now for as much as the said Lord Arch-bishop of Canterbury, President of the said Convocation for the province of Canterbury, and the said Arch-bishop of York, President of the said Convocation for the Province of York, and others the said Bishops, Deans, Arch-deacons, Chapters and Colleges, with the rest of the Clergy, having met together respectively, at the time and places before mentioned respectively, and then and there, by virtue of Our said authority granted unto them, treated of, concluded, and agreed upon certain Canons, Orders, Ordinances, and Constitutions, to the end and purpose by Vs, limited and prescribed unto them, & have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royal assent unto the same, according to form of a certain Statute or Act of Parliament made in that behalf in the 25th. year of the Reign of King Henry the eighth, and by Our said Prerogative Royal and Supreme authority in Causes Ecclesiastical, to ratify by Our Letters Patents under Our great Seal of England, and to confirm the same, The Title and Tenour of them being word for word as ensueth.
We of Our Princely inclination and Royal care for the maintenance of the present Estate and government of the Church of England by the Laws of this Our Realm now settled and established, having diligently, with great contentment and comfort read and considered of all these their said Canons, Orders, Ordinances and Constitutions agreed upon, as is before expressed: And finding the same such as We are persuaded will be very profitable, not only to Our Clergy, but to the whole Church of this Our Kingdom, and to all the true Members of it (if they be well observed;) Have therefore for Vs. Our Heirs, and lawful Successors, of Our especial grace, certain knowledge, and mere motion, given, and by th • se presents do give Our Royal Assent, according to the form of the said Statute or Act of Parliament aforesaid, to all and every of the said Canons, Orders, Ordinances and constitutions, and to all and everything in them contained, as they are before written. And furthermore, We do not only by our said Prerogative Royal, and supreme Authority in Causes Ecclesiastical, ratify, confirm, and establish, by these Our Letters Patents, the said Canons, Ordinances, and Constitutions, and all and everything in them contained, as is aforesaid, but do likewise propound, publish, and straightly enjoin and command by Our said Authority, and by these Our Letters Patents, the same to be diligently observed, executed, and equally kept by all Our loving Subjects of this Our Kingdom, both within the Provinces of Canterbury and York, in all points wherein they do or may concern every or any of them, according to this Our will and pleasure hereby signified and expressed: And that likewise for the better observation of them, every Minister, by what name or title soever he be called, shall in the Parish Church or Chapel where he hath charge, read all the said Canons, Orders, Ordinances and Constitutions, at all such times, and in such manner as is prescribed in the said Canons, or any of them: The Book of the said Canons to be provided at the charge of the Parish, betwixt this and the Feast of S. Michael the Arch-angel next ensuing, straightly charging and commanding all Archbishops, Bishops, and all other that exercise any Ecclesiastical jurisdiction within this Realm, every man in his place to see and procure (so much as in them lieth) all and every of the same Canons, Orders, Ordinances and Constitutions to be in all points duly observed, not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or willfully break or neglect to observe the same; as they tender the honor of God, the peace of the Church, the tranquility of the Kingdom, and their duties and service to Vs their King and Sovereign. In witness whereof We have caused these Our Letters to be made Patents: Witness Our Self at Westminster, the thirtieth day of June, in the sixteenth year of Our Reign.
By all these Patents, with others of like nature, directed to all our Convocations, by our Kings in former and latter times, by Our present Parliaments manner of calling, limiting, directing, our present Assembly of Divines in all particulars of their proceedings and debates, appointing some eminent Members of both Houses to sit and consult together with them, and to certify all their results and determinations to them, to be considered, rectified, rejected, or approved, by both Houses, as they in their wisdoms shall see cause: and by the fore-cited premises it is most apparent, that the Arch-bishops, Bishops, Clergy, and Convocation of England, assembled Synodically together (much less then any particular Independent Minister or Congregation) notwithstanding all their late printed vaunts, of their Ecclesiastical sovereign Jurisdiction by divine right, and power to prescribe and enjoin Visitation-Oaths, Articles, new Rites and Ceremonies of their own Inventions, both unto Ministers and people, (which they seconded with their practice to the insufferable grievance and oppression of the people) are so far from having any lawful right▪ power, and authority, to make, prescribe, any Ecclesiastical Injunctions, Canons, Laws, Rites, Ceremonies, or form of Government to any of his Majesty's Subjects, that though they be lawfully assembled together in a Provincial or National Synod by the Kings own Writ, or Parliaments command, yet they cannot legally or of right so much as treat, debate, consult of any Ecclesiastical affairs without a special license first obtained from the King or Parliament; and then only of such generals or particulars as they shall prescribe them; much less compile, enact, promulge, impose, or execute any Ecclesiastical Canons, Laws, Injunctions, Ordinances, Oaths, without their special approbation and ratification of them by their special Letters Patents under the great Seal, and by Act of Parliament too, as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new book of Canons. The like I have proved of the Bishops, Clergy, Councils, in other Christian Empires and Kingdoms.
Where then is that immense Episcopal jurisdiction, authority, preeminence, superiority, power, in point of dominion, over and beyond that of ordinary Ministers, which our Lordly Prelates lately so much boasted of and pleaded for, as due unto them by no less then divine institution, (if we may believe them) not by the Grace, Patents, Grants, or connivence of Christian Princes? Let these swelling ambitious Grandees, to abate this windy tumour, consider with themselves, that all their greatnesses piled together in a general or National Synod, (though steepled with the Popes own Chair and three-forked Miter) cannot so much as treat of, debate, dispute, determine any Church-affairs, much less constitute or promulge any new Ecclesiastical Laws, Canons, Articles, Ceremonies, Rites, &c. without the previous license and permission of those temporal Princes and Powers that summon them; nor yet exercise any manner of Ecclesiastical 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 Bishoprics, Diocese, and Episcopal jurisdiction at the first, and must still support them, else they will fall to utter ruin) and then all their pretended claims and cracked title of jus divinum; with all Independents, Anabaptists, Brownists, Anti-monarchical, Anti-parliamentall fancies, concerning the jurisdiction and authority of their Independent Congregations, opposite to the premises; will vanish into air.
If any deem the premised power of Christian Princes and Civil Magistrates, in limiting Synods and Councils thus, to be derogatory to the lawful authority of Bishops, Ministers, Synods, or Independent Churches: Ianswer, that it is not so, forthese ensuing reasons.
First, because the chief care of preserving the purity of God's Worship, Ordinances, Religion, the Churches peace, prosperity, and of suppressing all heresies, errors, schisms, corruptions, superstitions contrary thereunto, is committed to Christian Princes and supreme temporal Magistrates, both by the Laws of God, the constant acknowledgment, use, practice, constitutions, laws, canons, of all Christian Empires, Kingdoms, Councils, Synods, in all ages; and the Coronation-Oaths of all Emperors, 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, Councils, in debating matters of controversy, making Laws, Canons, &c. concerning all or any of the premises, and the confirming of them ought principally to belong to them.
Secondly, because Christian Emperors, Kings, Princes, are the supreme heads and Governors under Christ, in and over all Ecclesiastical persons, Assemblies, Synods, Councils, Churches, within their own Dominions, as well as temporal (and our Kings of England are declared to be such by several 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 Ecclesiastical Assemblies, Synods; it being the duty and just right of every Natural and Politic 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 own and other Realms, have no Legislative power, or other Ecclesiastical authority vested in them by the Word of God, but only to preach the Word, administer the Sacraments, and to bind or loose men's sins declaratively, by preaching or applying the Gospel to them, according as they find them penitent or obstinate in their sinful courses; and no more of other Ecclesiastical jurisdiction, then what is derived to them by our Kings, and the Laws of this our Realm; as is resolved in these express terms by the Statute of 37. H. 8. c. 17. The Arch-bishops, Bishops, Arch-deacons, and other Ecclesiastical persons of this Realm, have no manner of Jurisdiction Ecclesiastical, but by, under, and from the Kings royal Majesty, the only and undoubtea supreme head of the Church of England and Ireland, to whom by holy Scripture all authority and power is wholly given to hear and determine all manner of causes Ecclesiastical, and to correct all vice and sin whatsoever; and to such persons as his Majesty shall appoint thereunto. And by the Statute of 1. Ed. 6. c. 2. in these words, That all jurisdiction spiritual is derived and deducted from the Kings Majesty (to all Bishops and Ecclesiastical persons within England and Ireland) as supreme head of these Churches and Realms of England and Ireland, and so instly acknowledged by the Clergy of the said Realms, and that all Courts Ecclesiastical within the said two Realms be kept by no other power or authority either foreign or within the Realm, but by the authority of his most Excellent Majesty: whereupon it enacts, That all their Processe shall issue out under the Kings Seal, and in his Name and Style, as in Writs original and judicial at the common Law: with which sundry other Acts of Parliament concur. Now the Kings and Laws of this our Realm have given the Clergy assembled in Councils, 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 claim any other but such a limited and confined authority; the rather, because they are assembled to such meetings (as our Assembly is now) only 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 privileges, 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 ways 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, Councils how to proceed, and what to treat of, for suppressing false Teachers, Heresies, Schisms, Errors advancing Religion, Truth, unity, and sincerity of God's Worship, within their territories and Churches.
Fifthly, because every soul (as well Bishops, Ministers, and all other Ecclesiastical persons, as temporal subjects) is and ought to be subject to Christian Princes, and the highest temporal powers, who are to provide for their spiritual as well as their temporal welfare: Therefore they ought to be regulated and directed by them, when assembled by their Writs in Councils or Synods for their spiritual good.
SECT. 3.
Of Confirming, Ratifying the Canons, Decrees, and Resolutions of Councils, 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 Councils. That many, or most Councils, Synods, in ancient and latter times (especially in England) were in truth mere Parliaments; wherein Christian Princes, Nobles, Senators, and Lay-men met and voted, as well as Bishops, and other Ecclesiastical persons. And that no Canons, Laws, Articles, concerning God's Worship, Religion, Church-Government, Ceremonies, were ever lawfully prescribed, or imposed on any Subjects of our Realm, but by Parliament only.
T Hirdly, As Bishops and Clergy-men have no power at all to summon Councils, Synods, or Convocations, nor yet to treat, or conclude of any Ecclesiastical Canons, or Constitutions in them, &c. without the special licences of Kings, under their Great Seals authorizing them; so I shall next manifest, that when Councils, or Synods have, by virtue of their license, agreed on, and composed any such Articles, Canons, Constitutions, Orders, Ceremonies, &c. they cannot print, publish, promulge, impose, execute, or put them in ure, nor are they of any binding force or authority, till they are approved, ratified, confirmed by Kings, and Christian Princes Subscriptions, Imperial Edicts, Patents, Acts of State and Parliament; and that most ancient Councils, Synods, were but Parliaments: wherein Kings, Nobles, and Lay-men were present, as well as Clergy-men. This I shall manifest by some Presidents, both abroad and at home, in all ages.
To begin with Scripture Testimonies. When all the whole Congregation of Israel, assembled by the summons of Joshua, had in their Convocation at Shechem made a Covenant, Ordinance, and Statute, that they would serve the Lord, and obey his voice, Joshua being then their chief Governor, confirmed the same, by writing it in the Book of the Law of God, and erecting a great stone in the place, for a witness thereof. When the Princes, and all the Congregation in Jerusalem, assembled by King Hezekiah, had took counsel together, and concluded to keep the Passover in the second Moneth, because they could not do it on the first, the King established their Decree, by his Proclamation and Letters. When the Jews, upon Mordecai his Letter to them, had in a public Convocation ordained, and took upon them and their seed, to keep the feast of Purim throughout every generation, family, province, and city, in remembrance of their great deliverance from Haman's conspiracy against them, Queen Esther and Mordecai wrote with all authority, and confirmed this Feast and Decree, by their Letters, & the Decree of Esther. Yea, we read, that when the Presidents, Governors, Princes, Counselors, and Captains of King Darius, to entrap Daniel, moved him to establish a royal Statute, and make a firm Decree, that whosoever should ask a petition of any god or man for thirty days, save of the King, he should be cast into the Lions den: they brought this Decree to Darius to establish and sign, that it should not be changed, requesting him to sign it, who did it accordingly; else it had not been obligatory. And we likewise find in Scripture, that when as the King of Nineveh and his great men, upon Jonah his preaching, had made a Decree for a public Fast, the King confirmed, and published it to be observed, by his Proclamation.
To come to Councils, under Christian Princes, and Emperors. The first famous Synod of Nice, with the Constitutions, Canons, and Decrees therein compiled, were confirmed by the Imperial Edicts of Constantine the Great, who sat President in it. Edictum quod quidem pondus habebat & autoritatem, cum hac Epistola Imperator in singulas misit Civitates; writes Eusebius: Who records further of him, That he confirmed, and consigned, by his authority, the Canons made by Bishops in public Councils, that so it might not be lawful for the Princes of other Nations to abrogate the things which were decreed by them: Which had been invalid, without his Imperial confirmation. The Council kept at Rome, under Pope Sylvester, was confirmed by the subscription of Constantine, and Helena his mother. The second general Council of Constantinople, after they had finished their Decrees and Canons, sent them with this Epistle to Theodosius the Elder, desiring him to ratify them; In the beginning, verily, of our writing to your Piety, we give thanks to God, who hath constituted the government of your Majesty, for the common peace of the Churches, and the CONFIRMATION of the true Faith: But giving God due thanks, we likewise refer to your Majesty those necessary things which are acted in the sacred Council; to wit, that from the time we assembled at Constantinople, by your Majesty's command, we have first of all renewed our mutual concord between us; and after this, we have prescribed, and pronounced, as it were, certain Conclusions or Canons, in which we have confirmed, and approved the faith of the Fathers assembled at Nice, and have rejected, with extreme execration and detestation, the preverse heresies, and wicked opinions which have sprung up against it. Moreover also, for the right settling and ordering of the state and discipline of the Churches, we have enacted, and prescribed certain Canons, all which we have annexed to this our Writing. We therefore beseech your Clemency, (UT PER LITERAS TUAE PIET ATIS RATUM ESSE IUBEAS CONFIRMES QUE CONCILII DECRETUM,) that by your Majesty's Letters you would command the Decree of the Council to be ratified, and confirm the same; and, as you have honored the Church with those Letters, by which you have called us together, so you would likewise CORROBORATE WITH YOUR DECREE AND SEALE, THE SUMME AND CONCLUSION OF THOSE THINGS WHICH ARE DECREED. And hereupon (writes Nicephorus) CONSTITUTIONE QUO QUE IMPERATOR SANXIT, the Emperor enacted by his Constitution, that the authority of the Nicene Creed should be firm and perpetual; and that all Churches in all places should be committed to those who professed one Divinity of the Father, Son, and holy Ghost, in the subsistence of three Persons, of the same honor and glory: And likewise made a Law, that those who abhered from the profession of this faith, should not keep any Ecclesiastical assemblies, nor should not presume thenceforth to preach concerning the Faith, nor have power to elect or consecrate any one: that they should be banished out of the City and Country, fined, and have no communion with other Citizens, &c. Which Edicts of his are Registred verbatim by Justinian. The Synod of Ancyra sent Legates to Constantius, informing him, that Eudoxius did study to deprave the Faith, requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice, Syrnium, and in other Synods. So the Catholic Bishops in the Council of Ariminum, write to the same Constantius, beseeching him to hear their Orators, who should declare unto him the Sentence of that their Council in writing, and not to permit any innovation or change, but to suffer them to rest in those things which were lawfully defined, and decreed by their Ancestors; and that nothing might be added to, or detracted from their Constitutions; but that they all might remain untouched and entire, as they were preserved by the piety of his Father, till that time. The Council of Africa, Can. 25. to 32, 34, 42, 51, 59, 60. and the Bishops therein assembled, make divers petitions and requests to the Emperor Honorius, and the temporal Judges and Magistrates, to reform Idolatry, suppress the Donatists, and reform many abuses, by them complained of, by their Laws and Edicts, and to ratify their Canons against them, sending their Legates to the Emperor for that purpose. The Bishops in the third general Council of Ephesus, write to Gallimar King of Persia, supplicating, and beseeching his Majesty, to aid Religion, which was impugned, and speedily to correct their madness and tyranny that inclined to heresy: Yea, they beseeched Theodosius the Emperor, that by his godly Letters he would ratify and confirm the Decree of the Council: and Theodosius, of blessed memory, CONFIRMED ALL THINGS BY A GENERALL LAW, that were determined in that general Council; saith the first Action of the Council of Chalcedon. Martianus the Emperor, in the fourth general Council of Chalcedon, speaks thus, We, after the example of Constantine, have thought good to be present in this Synod, TO CONFIRME THE FAITH, not to show our power. Yea, this Emperor, in the close of that Council, saith, SACRO NOSTRAE SERENITATIS EDICTO VENERANDAM Synodum CONFIRMAMUS, By the holy Edict of our Majesty We confirm that Reverend Synod: Which he ratified with this Edict, Let no Clergy-man, Soldier, or any of any other condition, endeavor to treat of the Christian faith henceforth publicly, in assemblies met together, and hearing them, seeking from hence an occasion of tumult or perfidiousness; For he doth injury to the judgment of the most reverend Synod, if any shall strive to debate again things once judged, and rightly ordered; when as those things concerning the Christian faith, which are now controverted, are known to be defined by the Priests which met together at Chalcedon, by Our Precepts, and decreed according to the Apostolical Expositions and Institutions of 318. holy Fathers, and of 150. more in this Royal City: For punishment shall not be wanting to the contemners of this holy Law; because they not only go against the Faith, truly expounded, but also profane the holy mysteries to Jews and Pagans, by this contention. Therefore, if he be a Clerke, who shall publicly adventure to treat of Religion, let him be removed from the fellowship of Clergy-men: but if a Soldier, let him be spoiled of his Girdle: likewise others who are guilty of this crime, if they be Free-men, let them be banished out of this Royal City, and also by the Judiciary Power subjugated to competent punishments: but if they be Servants, let them be corrected with most severe chastisements. The Emperors Gratian, Valentinian, and Theodosius, by this Imperial Edict, confirmed the Decrees of the first general Council of Nice, long after they were made, as Constantine the great had done at their enacting. Unius & Summi Dei Nomen ubique celebretur Niceneae Fidei dudum à majoribus traditae, & divinae Religions testimonio atque affertione firmatae OBSERVANTIA SEMPER MANSURA TENEAT, &c. Yea, Pope Leo himself, in sundry Epistles, exhorts Theodosius, Leo, Martianus, the Emperors, and Pulcheria the Emperesse, to defend the Catholic Faith, concluded and defined in the Councils of Nice, Ephesus, and Chalcedon, against the Heretics that opposed them: to ratify and maintain the Decrees of these Councils, by their Imperial authority, to repress the Heretics, and disannul the Constitutions of the 2. Council of Ephesus, contrary to them, and not to suffer those things to be redebated, which their Fathers, according to the Apostles Doctrine, had confirmed; nor yet to suffer those Heresies to spring up again, which they had condemned. A clear Evidence that the Canons and Determinations of general Councils are no ways obligatory, and altogether invalid, unless ratified by Imperial Edicts. In the Council of Chalcedon, Action 1. when some would have added an Explanation to the Canon of the Council of Nice, the Egyptians, Orientalls, and the Bishops that consented with them, cried out, Nemo suscepit adjectionem, nemo diminutionem: Quae in Nicca constituta sunt, teneant, Catholicus IMPERATOR HOC JUSSIT. After this, upon another occasion, the whole Synod saith, Quod Impertalis praecepit autoritas, omnibus modis observandum est: Justum est quae à piissimo Principe praecepta sunt, effectus mancipari. Et necesse nobis erit, in omnibus Imperatoris Christi amici cedere jussioni. Omnia referantur ad cognitionem clementiae Imperialis. Postulamus ejus referri clementiae: Et si jusserit criminali causa alterum pro altero decertare, & hoc suscipimus, praecipue quia universalem praecepit fieri Synodum. Et necesse est majores causas in eum reservare Concilium. The first general Council of Constantinople, with the Decrees and proceedings thereof, were ratified by the Imperial Edicts of Justinian the Emperor, who summoned it, yea, swayed, and directed it what to do, and how to proceed; causing Pope Vigilius to give an account of his Faith therein, and ratifying the Faith, and Canons of the four first general Councils. In the third Council of Toledo, King Reccaredus, who summoned it, sat President therein, making two Orations to the Bishops assembled in it, exhibiting to them a Confession of the Christian Faith, subscribed by himself and his Queen Badda, with their own hands, in these words, Ego Reccaredus Rex, fidem hanc sanctam & veram Confessionem, quam unà per totum orbem Catholica confitetur Ecclesia, cord retinens, ore affirmans, mea dextra, Deo protegente, subscripsi. Ego Badda gloriosa Regina, hanc fidem quam credidi & suscepi, manu mea de toto cord subscripsi. This Confession of the Faith, to which was annexed the Creeds of the Councils of Nice, Constantinople, and Chalcedon, the King commanded to be publicly read in the Council, to the end that it might be examined, and confirmed therein; which was done accordingly, all the Bishops in that Council subscribing it; and not only they, but likewise the Presbyters and Deacons; yea all the Nobles, Senators, and Elders of the whole Gothish Nation; among whom were Gussinus, Fonsa, Afrila, Achila, Flavius, with other Noble-men, ET OMNES SENIORES GOTHORUM, ET TOTIUS GENTIS GOTHICAE (who were present and had voices in that Council) subscripserunt. After which Subscription of this Profession of the Faith, the King made another Oration to the Council, commanding them to make certain Canons for the Government of the Church, and Reformation of Manners; De caetero autem prohibendis insolentium moribus ME A VOBIS CONSENTIENTE CLEMENTIA, sententiis terminate districtioribus, & firmiore disciplina, quae facienda non sunt, prohibete; & ea quae fieri debent, immobili constitutione firmate. Whereupon they compiled 23. Canons; the second of them, for the reciting of the Creed in all Churches every Lord's day, hath this clause in it, CONSULTU piissimi & gloriosissimi Reccardi Regis constituit Synodus: The eighth this, Jubente autem & consentiente Domino Reccaredo Rege, id praecepit Sacerdotale Concilium: The tenth this, Annuente gloriosissimo Domino nostro Reccaredo, hoc sanctum affirmat Concilium: The fourteenth this, Suggerente Concilio, id gloriosissimus Dominus noster Canonibus inserendum praecipit: The sixteenth this, Hoc cum consensu gloriosissimi Principis sancta Synodus ordinavit: The eighteenth this, Ex Decreto Reccaredi Regis, simul cum Sacerdotali Concilio: All badges, that those Canons were made by the Kings Direction, Counsel, Decree, and Command: Who ratified them all with this public Edict, Gloriosissimus Dominus Reccaredus Rex universis sub regimine nostrae potestatis consistentibus: Amatores nos sui faciens divina veritas, nostris principaliter sensibus inspiravit, ut causa instaurandae fidei ac disciplinae Ecclesiasticae Episcopos omnes Hispaniae nostro praesentari culmini juberemus. Praecedente autem diligenti & cauta deliberatione, sive quae ad fidem convenient, sive quae ad morum correctionem respiciunt, sensus maturitate & intelligentiae gravitate constant esse digesta. Nostra proinde autoritas id omnibus, ad regnum nostrum pertinentibus jubet, ut ea quae definita sunt in hoc sancto Concilio, habito in urbe Toletana anno regni nostri feliciter quarto, nulli contemnere liceat, nullus praeterire praesumat. Capitula enim quae nostris sensibus placita, & disciplinae congrua, à praesenti conscripta sunt Synodo, in omni autoritate, sive Clericorum, sive quorumcunque omnium, observentur & maneant. Then follows a Recapitulation of all the 23. Canons, and after them this clause, Has omnes Constitutiones Ecclesiasticas, quas summatim breviterque perstrinximus, sicut plenius in Canone continentur, manere perenni stabilitate sancimus. Si quis ergo Clericus aut Laicus, harum sanctionum obediens esse noluerit, si Episcopus, Presbyter, Diaconus aut Clericus fuerit, ab omni Concilio excommunicationi subjaceat: si vero Laicus fuerit, & honestioris loci persona est, medietatem facultatum suarum amittat, fisci juribus profuturam: si vero minoris loci persona est, amissione rerum suarum mulctatus, in exilium deputetur. Flavius Reccardus Rex hanc deliberationem, quam cum sancta definimus Synodo, CONFIRMANS SUBSCRIPSI: Then follows the Subscription of the Bishops and others: A pregnant testimony, that Bishops in Councils have no power at all to debate and determine any matters of Faith, or make any Ecclesiastical Constitutions, but by the Princes License; that all their Constitutions, Canons, and Determinations, without his Confirmation are invalid, and not binding: That Lay-men have definitive voices in Councils, and have confirmed them with their Subscriptions; and that Councils in ancient times were no other but Parliaments; wherein the King, the Clergy, Nobles, and Elders of the people (not the Clergy only) assembled, to make Laws and Constitutions, and conclude of matters of Faith: Of which more anon, in its due place. The Decrees and Canons of the first Council of Matiiscon were ratified by the Royal Edict of King Guntramnus, who summoned it; which begins and concludes in this manner, Guntramnus Rex Francorum omnibus Pontificibus, ac universis Sacerdotibus, & cunctis judicibus in regione nostra constitutis, &c. Cuncta ergo quae hujus Edicti tenore decrevimns, perpetualiter volumus custodiri; quia in sancta Synodo Matisconensi haec omnia (sicut nostis) studuimus diffinire, quae praesenti autoritate vulgamus. Subscriptio Domini Guntramni Regis, data sub die 4. Idus Novemb. 24. Regni supra scripti Regis. The fourth Council of Toledo, after it had decreed Church affairs in 73. Canons, by King Sisenandus his command, who summoned his Bishops to Toledo, Aera. 681. UT EJUS IMPERIIS AT QUEjUSSIS communis ab ipsis agitaretur de quibusdam Ecclesiae disciplinis tractatus; and entered into the Synod, cum magnificentissimis & nobilissimis viris, exhorting the Synod to pray for him, and to be mindful of his Fathers Decrees, and to do their diligence to confirm to him the Ecclesiastical Laws, and to correct those things, which, whiles they have come into use through negligence, have by usurpation procured a license to themselves against Ecclesiastical manners: Which Synod rejoicing at these his admonitions, according to his and their own desire, having made so many Canons concerning Religion and Church Discipline, close up their Constitutions with a Canon of State, concerning the Oath of allegiance of Subjects to their Prince, and their loyalty towards them in the carriage; establishing the Title of Sisenandus, as lawful, against all others claims. Now all those Canons, as they were made by the License and Direction of this King, (cujus tanta devotio erga Deum exta • t, ut non solum in rebus humanis, sed etiam in causis divinis solicitus maneat, say this Council, to his honor;) so they were likewise ratified by him, as appears by this close at the end of the Canons, Definitis itaque his quae superius comprehensa sunt, ANNUENTE RELIGIOSISSIMO PRINCIPE (cujus devotio nos ad hoc decretum salutiserum convocavit) placuit deinde, nulla re impediente, a quolibet nostrum ea, quae constituta sunt, temerari, sed cuncta salubri consilio conservari: The fourth Canon of this Council shows, that Judges and Lay-men may and ought to be present in Councils. In the fifth Council of Toledo, King Chintillanus, who summoned it, entered into the midst of the Synod, with the Nobles and Elders of his Palace, atque hanc institutionem, quam EX PRAECEPTO EJUS, & decreto nostro sancimus, divina inspiratione PRAEMISIT; scilicet, ut in c • ncto regno à Deo sibi concesso, specialis & propria haec religiosa omni tempore teneatur observantia, &c. saith the Prologue and first Canon of the Council: So that he both prescribed and ratified the Canons of this Council; the 4, 5, 6, 7, and 8. Canons whereof concern the State, the King, his Crown, Title, and Succession. The Canons of the sixth Council of Toledo, were ratified by King Chintillanus, with the assent of his Nobles and great men, who were present in it, as appears by the words of the 2, 14, 15, 16, 17, 18, 19. Canons, which determine of State affairs, touching the King and Crown, and confirm the Canons formerly made and ratified by the Kings consent, Cui omnium gubernatio superno constat delegata judicio; but most apparently by the third Canon, Inspiramine summi Dei Excellentissimus & Christianissimus Princeps ardore fidei inflammatus, cùm regni sui Sacerdotibus praevaricationes & superstitiones Judaeorum eradicare elegit funditus, nec sinit degere in regno suo eum, qui non sit Catholicus: ob cujus fervorem fidei gratias Omnipotenti Domino coelorum agimus, &c. Quocirca consonam CUM EO cord & ore promulgamus Deo placituram sententiam, SIMUL ETIAM CUM SUORUM OPTIMATUM ILLUSTRIUMQUE VIRORUM CONSENSU ET DELIBERATIONE SANCIMUS: (A clear evidence that the Nobility and Gentry were present, and had voices in that Council, which was in nature of a Parliament, as the State Canons of it manifest.) Ut quisquis succedentium temporum regni sortitus fuerit apicem, non ante conscendat regiam sedem, quàm inter reliqua conditionum sacramenta pollicitus fuerit, hanc se Catholicam non permissurum eos violare fidem, &c. In the eighth Council of Toledo; King Recessuinthus, who called it, entered into the Synod in person, and made an elegant, pious Oration to the Prelates, and Nobles assembled in it; after which he exhibited a Roll of those things and Canons which he desired to be publicly ratified in that Council, written in his Royal name, comprising therein the confession of his faith, and ratifying the Faith and Constitutions of the four first general Councils; which he thus subscribed, In nomine Domini, Flavius Recessuinthus Rex, hanc fidei & bonae voluntatis meae deliberationem manu mea subscripsi. The twelfth Canon of this Council concerns State businesses: and all those Canons were published, and ratified in the Kings name, as these words at the end of the twelfth Canon evidence, Hujus quoque sententiae fortitudine vel vigore decreti nostri seriem, quam in serenissimi Domini nostri Recessuinthi Regis EDIDIMUS NOMINE, pro rebus à divae memory Patre suo quolibet titulo conquisitis, decernimus omnino constare, &c. Yea, divers Earls and Nobles subscribed their names, in ratification of the Canons of this Council, as well as Bishops, as Odoacer, Osilo, Adulphus, Babilo, Ataculphus, Ellae, Paulus, Euuntius, Rucchila, Afrila, Venedmus, Faudila, Euredus, Cunsredus, Froila, with other Earls. This Council published a Decree in the Kings name, concerning the right of the Crown, and State Government, (which manifests it to be a kind of Parliament, compacted as well of the Temporalty as the Clergy) and King Recessuinthus, himself, promulgated a Law therein, in ratification of that decree of theirs; both which are at large recorded by Surius. The ninth and tenth Councils of Toledo were called and confirmed by the same Recessuinthus, for whom the Prelates in these Councils ofttimes give thanks to God; doing all things by his direction, assent, and in his name, Opitulante miseratione divina, & gloriosissimi Recessuinthi Principis inhoerente voluntate religiosa. The eleventh Council of Toledo was ratified by King Uvambanus, Cujus hortatu aggregandi nobis facultas data est, & oportuna corrigendis praeparata est disciplina. Iste est ergo tenor fidei nostrae, qui & à capite copiose profluxit, & à membris probatus glorious emicuit, saith the Prologue of the Bishops assembled in that Council, and the sixteenth Canon of it. Constantine Pogonatus, as he called the sixth general Council of Constantinople, by his writs, so he sat President therein, with divers of his Nobles, Princes, Senators; ordered, swayed, directed all things in it; ratifying the Acts and Decrees thereof both by his Subscription and Imperial Laws. Hence we so often read in that Council, these and the like passages, Praesidente eodem piissimo & Christo amabili Imperatore Constantino. Piissimus Imperator Constantine dixit: sancta Synodus dixit. Quod & nunc à vestra serenitate pie jussum est, fiat: Constantine piissimus Imperator, & sancta Synodus dixerunt. Constantine piissimus Imperator dixit; Sufficiunt & quae hodierna die relicta sunt; reliqua vero in sequenti secretario religantur. Meminit vestra pietas & haec sancta Synodus. Residentibus quoque gloriosissimis Patriciis & Consulibus, ex latere venerandissimi, piissimi & Christi amatoris Imperatoris nostri Constantini. Gloriosissimi Judices dixerunt. Diversis vicibus in praesentia piissimi nostri Domini & magni Imperatoric & cuncti nostri Concilii interrogatus fuit. Gloriosi Judices dixerunt; Sufficiunt, quae hodierna die acta sunt: Releguntur ista, &c. Subscriptio piissimi & Christo dilecti Constantini Imperatoris, legimus, & subscripsimus. Constantine piissimus Imperator dixit. Edicat sanctum & universal Concilium, si cum consensu omnium Episcoporum promulgata est definitio, quae ad praesens relicta est. Sanctum Concilium exclamavit. Omnes ità credimus; Una fides; Omnes idipsum sentimus; Omnes consentientes & amplectentes subscripsimus: Orthodox omnia credimus. Multos annos Imperatori, &c. Sancta Synodus exclamavit. Multos annos Imperatori; Christo dilecto Imperatori multos annos. Pium & Christianum Imperatorem Domine conserva. ORTHODOXAM FIDEM TU CONFIRMASTI. Aeterna memoria Imperatori, aeternum permaneat vestrum Imperium. At the end of the 18 th . Action of this Council follow two Imperial Edicts of Constantine Pogonatus, ratifying the Actions and Determinations thereof, under severe penalties: in the later of which he saith thus of his own Subscription and Ratification of that Synod, In qua & Imperium nostrum subscripsit, & per pia dicta nostra COMPROBAVIT EAM. Pope Leo the second, in his Epistle to this pious Emperor, highly approved and applauded this his piety, zeal, and princely care for advancing Religion, suppressing heresies and schisms, and for his Acts and proceedings in this general Council, testifying his assent thereto, as to a general Council, worthy to be ranked with those other famous general Councils held before it; exhorting the whole Church of God securely to rejoice, that God had raised her up such a Defender and Benefactor, cujus studio orthodoxa fides recollecto splendore toto orbe irradiat, fideles omnes gratiam referentes exultant, infidels moeror atque dejectio comprimit & confundit, Ecclesiae Christi de cunctis oppressionibus liberatae respirant, donis Imperialibus confoventur, principali praesidio muniuntur: So far were Popes in those days from carping at Emperors proceedings in matters of Religion, and their Presidentship and presence in general Councils. Neither did this Constantine only, but likewise Justinian the second, his son, and Successor in the Empire, confirm the Decrees and Canons of this general Synod, viz. those Canons in Trullus, with his Imperial Edict; causing all his Nobles, Senate, Bishops, Captains, Soldiers, and others, to subscribe it, as himself records in his Letter to Pope John; In nomine Domini Dei & Salvatoris nostri Jesu Christi, Imperator Caesar Flavius Justinianus, fidelis in Jesu Christo, pacificus, pius, perpetum petuus Augustus, &c. Magnum studium, magnam sollicitudinem nos habentes pro stabilitate immaculatae Christianorum fidei, &c. Quia Synodalia gesta, eorumque definitionem, quam & instituere noscitur sanctum sextum Concilium, quod congregatum est in tempore sancta memory nostri Patris, in hanc à Deo conservandam regiam urbem, apud quosdam nostros Judices remiserunt. Neque omnino praevidimus alterum aliquem apud se detinere ea, sine nostra piissima Serenitate; eo quod Nos copiosos misericordia noster Deus custodes constituit immaculatae Christianorum fidei: sed mox adduximus nostros Patres sanctissimos ac beatissimos Patriarchas, & sacratissimum Senatum, verum etiam Deo amabiles Motropolitas & Episcopos, qui hîc in regia urbe commorantur; & dcinceps Militantes incolas sancti Palatii, necnon & ex Collegiis popularibus, & ab excubitoribus: insuper etiam quosdam de Christo dilectis exercitibus, tam ab à Deo conservando Imperiali obsequio, quamque ab Orientali Thraciano, similiter & ab Armeniano, etiam ab exercitu Italiae, deinde ex Cabarisnianis, & Septensian • s, seu de Sardinia atque de Africano exercitu; qui ad nostram pietatem ingressi sunt, & jussimus praefatas Synodaelium gestorum chartas in medium adduci, & CORAM SUPRADICTIS OMNIBUS LECTIONEM EORUM FIERI, OMNESQUE DILIGENTER AUDIENTES SIGNARE IPSAS FECIMUS: quorum auditorum universitas in nostris manibus ease praebuit chartas, ut debeamus nos tenendo inviolatas conservare ipsas, ut non licentia fuerit in quolibet tempore his, qui timorem Dei nolunt habere, aliquid corrumpere aut submutare ab his, quae inserta sunt in praenominatis Synodalibus gestis; quas totas chart as been definitas in temporibus sanctae memory nostrae Patris, ex probabilibus sanctis Patribus, qui propriae linguae & manuum fidem apud Dominum nostrum Jesum Christum verumque Deum existentem, confirmasse dignoscitur, & consitentes eam docuisse, nos speramus clementissimum nostrum Deum: quia usque dum noster spiritus statutus est ex Deo esse, in nobis ipsas chartas illibatas & incommutabiles semper conservabimus. These Canons, which were compiled by his command in that Synod after his Fathers decease, the Bishops sent unto him to peruse and ratify, as appears by the last clause of their Oration to the Emperor, prefixed before them by way of a Preface; Propterea ergo tuae pietatis jussu in hac Dei observatrice & imperante urbe congressi, sacros Canones conscripsimus. Quamobrem tuam Pietatem rogamus, ease quae prius in hac Dei observatrice Civitate à congregatis sub bonae memory Imperatore nostro Patribus editae sunt, voces tibi adducentes, ut quemadmodum Ecclesiae scriptis Ecclesiam bonorasti, sic & eorum quae per viros pios & synceros decreta sunt, finem obsignes. The resolution therefore of this general Synod was, That they could make no Canons but by the Emperors license and command, nor promulge any but such as he should first approve and confirm. The 12. and 13. Councils of Toledo, assembled by King Eringius, were in verity naught else but Parliaments: for first, the temporal Governors, Nobles, and Magistrates of all Spain were present in them, Praesto sunt religiosi provinciarum Rectores, & clarissimorum ordinum totius Hispaniae Duces, & illustres aulae regiae viri; quos interesse huic sancto Concilio delegit nostra Sublimitas; & clarissimi nostri Palatij Seniores, sublimiumque virorum Nobilitas, saith the Kings Instructions in both Councils; and these had decisive voices. Secondly, the King in those Councils made two several Speeches to them both, and gave to them several writings, concerning such things as he desired to have enacted; commanding both the Nobles, Senators, Captains, Courtiers, and Councils, as well as the Prelates in those two Councils, to draw those Scrolls he gave them into several Heads, Laws, and Canons; expunging everything that was absurd, and correcting all things contrary to justice, both in those Scrolls, and in his Laws; prescribing them in general Heads what Laws to make, but referring the particular forming and penning of them to them. Thirdly, In those Councils he desires them to rectify and confirm the Laws he delivered them in Writing, (many of which are merely of State affairs, and temporal matters, concerning the Kings title to the Crown, and the like:) and when those Councils had made Laws, Canons, and Constitutions, according to his directions in writing, he then confirmed them both by his Royal Subscription and Edicts, in this manner, In nomine Domini, Havius Eringius Rex: magna salus populi gentisque nostri ac regni conquiritur, si haec Synodalium decreta gestorum, sicut pie devotionis nostrae studio acta sunt, ita inconvulsibilis legis nostrae valido oraculo confirmentur: ut quod sercuissimo Celsitudinis nostrae jussu venerandis Patribus & clarissimis Palatij nostri Senioribus discreta titulorum exaratione est edictum, praesentis hujus legis nostrae edicto ab aemulis defendatur. Est enim haec ipsa definitio Canonum, sub isto notata ordine titulorum. Then follow the Acts, Canons, and Constitutions of the Councils, (made by the Kings direction and assent, as most of the Canons, and the two Scrolls delivered by him to these two Councils manifest,) with the Subscriptions of the Bishops and Nobles; and then the Kings Edict of confirmation, which recites them, proceeds thus, Quibus omnibus Synodalibus gestis decretis atque peractis, & debitam reverentiam honoris impendimus, & patulum autoritatis nostrae vigorem his innectare properamus. Ideo praemissas has constitutiones Synodicas à praesenti die vel tempore, id est, ab octavo Calendas February, anno primo regni nostri, nullus audeat contemnere, nullus etiam praeterire, nemo earundem constitutionum audeat jura convellere, nullus temerator haec decreta subvertere. Nemo illicitator vel contemptor vigorem his institutionibus subtrahat, sed generaliter per cunctas regni nostri provincias haec Canonum instituta nostrae gloriae temporibus acta, & autoritatis debitae fastigio praepollebunt, & irrevocabili judiciorum exercitio, prout constituta sunt, celebria habebuntur. Si quis autem haec instituta contemnat, contemptorum se noverit damnari sententia; id est, ut juxta voluntatem nestrae gloriae & excommunicatus à coetu nostro resiliat, & insuper partem decimam facultatis suae sisci partibus sociandam, amittat. Quod si nihil habuerit facultatis, unde praedictam compositionem exsolvere possit, absque alia infamia sui, quinquaginta oportebit eum ictibus verberari, ut semper infamis permaneat. Edita Lex in confirmatione Concilij Toletani sub die octavo Calendas Februarij, anno feliciter primo regni gloriae nostrae. In nomine Domini Flavius Eringius Rex, hoc legis nostrae Edictum in CONFIRMATIONE HUJUS CONCILII PROMULGATUM, SUBSCRIPSI. The Passages and Canons of both these Councils, duly considered, will manifest, That the Councils of Spain, and others in those days, were naught else but Parliaments; consisting as well of temporal Lord's, Great men, Counselors, Magistrates, as of Bishops: That Princes then could not make Ecclesiastical Canons and Constitutions to bind their Subjects, but in Parliament: and that the Bishops alone could not then make any such Canons or Laws but in Parliament, with the concurrent consent and direction of the temporal Lord's and Governors, the Kings license for that purpose first gained; nor yet promulge them, without the Kings Letters Patents first obtained for their ratification. The Canons of the Synod of France under Charlemain, An. 742. were ratified by his Edict, and set forth by him, in his own name, being compiled by him in Parliament, (as it seems, his Nobles being present) CONSILIO Sacerdotum ET OPTIMATUM MEORUM, with the counsel of his Priests and Nobles. The Constitutions and Canons of the Synod of Soyssons, made by Prince Pepin, Consensu & Concilio Episcoporum sive Sacerdotum, & Comitum seu Optimatum Francorum, with the consent and counsel of the Bishops or Priests, and of the Nobles or Great men of France, were published by him in his own name, with his Royal confirmation in writing, which concludes thus: Si quis contra hoc decretum, quod 23. Episcopy cum aliis Sacerdotibus vel servis Dei, unà cum consensu Principis Pepini, vel OPTIMATUM FRANCORUM CONSILIO CONSTITUERUNT, transgredi, vel legem irrumpere voluerit vel despexit, judicandus sit ab ipso Principe, vel Episcopis, vel Comitibus componat, secundum quod in lege scriptum est, unusquisque juxta ordinem suum. This Synod being no other but a Parliament, the temporal Lord's having, voices in it as well as Bishops. The Council held at the Palace of Vernis, under the same King Pepin, Cap. 6. decreed by his consent, That there should be two Synods kept every year; the first of them in March, Wheresoever the King should command, and in his presence: The King therefore was then President in their Synods, both to order them, and to control, correct, or confirm their Canons, as he thought meet. In the second Council of Nice, assembled by the Edict of Constantine and Irene his Mother, Petronius the glorious Proconsul, Theophylact an Earl employed in the Emperors service, John the Kings Chamberlain, and Treasurer of his Army, with other magnificent and illustrious Senators, sat as chief Auditors and Directors: The Emperor and his Mother likewise directed the Council both what to treat of, what to read, and how to proceed; and ratified the Decrees of that Idolatrous Council; the Synod craving their Imperial assistance for the defense of truth, the suppression of heresies, schisms, reformation of abuses, and settling the peace of the Church, by their public Laws and Edicts yea, they desire their Majesty's, to incline their ears to their most humble supplications, Ipsasque sacratissimas Imagines in pristino gradu constituere, ut omnes Christiani in universo mundo exultent, & magno laetantur gaudio; Pope Adrian himself making this request unto them, in his Epistles Supplicatory, acknowledging the right both of summoning, ordering, and confirming Councils, to be in them, not in himself. Charles the Great and his Nobles were present in the Synod of Frankford; summoned by his Writ and Edict; yea, Charles late President in it; Congregatis nobis in unum charitatis conventu, praecipiente, ET PRAESIDENTE piissimo & gloriosissimo Domino nostro Carolo Rege, write the Fathers of that Synod to the Prelates of Spain, to whom Charles in this Synod writ an Epistle, and a profession of his faith, exhorting them to reform their Errors and embrace the Truth. The Canons of the Synod of Theodon were ratified by the Imperial Edict of Charles the Great, Ludovicus Pius ET IMPERATORES, ET PENE OMNES GALLIAE PRINCIPES SUBSCRIPSERUNT, singuli singulas facientes cruces: The Emperors and almost all the Princes of France subscribing the Decrees of that Synod, after all persons in it had three several times consented to them, by crying out a Placet; and Te Deum being sung by the Clergy, after this subscription, the Synod dissolved: which was no other but a Parliament; those Emperors and their Nobles being present, and having the chief voices in it. The fourth Synod of Arles, under the same Charles, having drawn up 26. Canons, submits them to his Royal censure, to correct, disapprove, or ratify them at his pleasure; Haec igitur sub brevitate, quae emendatione digna perspeximus, quàm brevissime adnotavimus, & Domino Imperatori praesentanda decrevimus; poscentes ejus Clementiam, ut si quid hîc minus est, ejus prudentia suppleatur; si quid secus quàm se ratio habeat, ejus judicio emendetur; si quid rationabiliter taxatum est, ejus adjutorio, divina opitulante clementia, perficiatur: (A memorable Submission) All being nothing without his Royal confirmation. The Synod of Towers, summoned by the same Emperor, was commanded by him, both what Constitutions to make, & what things to consult of; which they thus express, and submit to his censure, in the Prologue, and close of their Canons, Quantum piissimi Imperatoris nostri excellens animus, divinae sapientiae fulgore sit irradiatus ad gubernandum rerum praesentium statum, ipsius Imperij sibi à Deo dati, liquido testantur negocia: quae tanta sunt industria administrata, quantaque prudentia ordinata, qui sapiens ac intelligens est facile perspicere potest; & eô praecipue, quod hic toto animo invigilat, investigando quae ad pietatem & veram Religionem pertinent, quorum fructus hominem in bono beatitudinis collocat. His igitur intentus pios ac religiosos Dei Sacerdotes, Ecclesiae gubernacula in regno sibi divina largitate collato tenentes, saluberrimis exhortationibus admonuit, ut operam darent, & actionibus eminerent, quibus & se been operando, & sibi commissos, verbis & exemplis instruendo regerent. Dissinitum itaque de locis & tempore, quando & ubi coadunari opus fuerit, & quod A TANTO PRINCIPE NOBIS INIUNCTUM EST, ad statuta loca convenimus: siquidem urbe Turonis congregati Episcopy, Abbates, & venerabilis Clerus, pro parvitate nostra, pauca quae ad tantum opus pertinere animadvertimus, & quae secundùm Canonicam regulam emendatione indigent, distinct per capitula adnotavimus, SERENISSIMO IMPERATORI NOSTRO OSTENDENDA. Primo omnium, admonuimus generaliter cunctos qui nostro conventui interfuêre, ut obedientes sunt Domino excellentissimo Imperatori nostro, & fidem quam ei promissam habent, inviolabiliter conservare studeant, orationes quoque assiduas intent fundere pro ejus incolumitate ac stabilitate, omnes se velle secundùm nostram admonitionem unanimiter professi sunt. &c. And then they close up all their Canons with this Epilogue, Haec nos in conventu nostro ità ventilavimus: sed quomodo deinceps piissimo Principi nostro DE HIS AGENDUM PLACEBIT, NOS FIDELES IJUS FAMULI, LIBENTI ANIMO AD NUTUM ET VOLUNT ATEM EIUS PARATI SUMUS. The second Council of Cavaillon, under the same Charles, thus preface their Canons, which they submit to his correction and approbation; Auxiliante Domino nostro Jes •• Christo, atque imperante ferenissimo atque inclito Augusto Carolo, convenimus Episcopy & Abbates totius Galliae Lugdunensis in urbem Cabilonensem, & de quibusdam rebus in quibus nobis emendatione necessaria videbatur, quaedam capitula quae subter inserta sunt EIDEM DOMINO IMPERATORI PRAESENTANDA, ET AD EIUS SACRATISSIMUM IUDICIUM REFERENDA adnotavimus; quate • s EIUS PRUDENTI EXAMINE EA, QUAE RATIONABILITER DECREVIMUS, CONFIRMENTUR: sicubi minùs aliquid egimus ILLIUS SAPIENTIA SUPPLEATUR. Then follow the Canons made in that Council, by the Emperors direction and command, as is evident by the third Canon; Oportet etiam, UT SICUT DOMINUS IMPERATOR CAROLUS PRAECEPIT, scholas constituent, in quibus & literaria solertia disciplinae, & sacrae Scripturae documenta discantur. And then they thus conclude their Canons, Cap. 67. Haec itaque pauca de pluribus, quae necessaria perspeximus, cum magna brevitate DOMINI IMPERATORIS PRUDENTI IUDICIO PRAESENTANDA, ADNOT AVIMUS. Caeterùm quid generaliter in omnibus & ab omnibus sequendum sit, quidve vitandum, qualiterve intra Ecclesiam sanctam sit vivendum, qui plenius nosse desiderat, sanctarum Scripturarum prata percurrere non desistat. The Council of Mainz under Charles the great, summoned by his command, was no other but a Parliament; consisting of Bishops and Clergymen, who • ate together in one company; of Abbats and Priors, who sat together in a second Classe; of Earls and Judges, sitting together in a third Classe; Convenit nobis de nostro communi Collegio Clericorum seu LAICORUM TRIES FACERE TURMAS, sicut & fecimus, &c. Intertia denique turma SEDERUNT COMITES ET IUDICES IN MUNDANIS LEGIBUS DECERTANTES, vulgi justitias terminantes, &c. saith the Prologue of that Council to the Emperor. The Ecclesiastical Canons and Laws concluded on therein, were made and approved by all three Companies; IN HIS ITAQUE OMNIBUS PRIMO DECREVIMUS, &c. are the words of the same Prologue. And having finished the Canons, they thus submit them to the Emperors correction and approbation, with this Preface, In nomine Patris & Filij & Spiritus Sancti: Gloriosissimo & Christianissimo Imperatori Carolo Augusto, verae Religions Rectori, ac Defensori sanctae Dei Ecclesiae, unà cum prole sua, ejusque fidelibus vita & salus, honor & benedictio, cum victoria sine fine mansura. Almificae reverentiae vestrae patefacimus nos humilimi famuli ac missi vestri, &c. In his itaque omnibus primo decrevimus, &c. De his tamen omnibus VALDE INDIGEMUS ADIUTORIO VESTRO ATQUE SANA DOCTRINA, quae & nos jugiter admoneat, atque clementer erudiat, quatenus ea quae paucis subter substrinximus capitulis, A VESTRA AUTORITATE FIRMENTUR, SI TAMEN VESTRA PIETAS ITA DIGNUM ESSE IUDICAVERIT. ET QUICQUID IN EIS EMENDATIONE DIGNUM REPERITUR, VESTRA MAGNIFICA IMPERIALIS DIGNITAS IUBEAT EMENDARI: ut ità emendata, nobis omnibus, & cunctae Christianae plebi & posteris nostris proficiunt ad vitam & salutem, & ad gloriam sempiternam, VOBIS QUE inde merces, & honor & laus & benedictio, ac beatitudo permaneat in omnes aeternitates seculi. Amen. This Council therefore knew full well, that they could neither make, nor promulge any Canons or Constitutions, but by the Emperors license and consent; and that all they did without his confirmation was invalid, and nothing worth. The Council of Reims, Anno 813. (A Domino Carolo piissimo Caesare MORE PRISCORVM IMPERATORVM CONGREGATO, saith Surius,) made several Canons and Constitutions, which they entreat the Emperor to ratify; Witness the 33, 41, 42, 43, 44. Canons, wherein we have these passages, Domini Imperatoris misericordia imploranda, ut victum & necessaria à sibi praelatis consequi possunt sanctimoniales, & vita illarum & castitas, secundùm fragilitatem sexus, diligenter provisa tueatur. Vt Dominus Imperator secundùm statutum bonae memory Domini Pepini, misericordiam faciat, ne solidi qui in lege habentur, per quadraginta denarios discurrant: ut in sua eleemosyna sirmiter statuat, ne quilibet in suum pergentibus servitium, ullatenùs prohibere audeat mansionem, neque aliis quibus necessitas incumbit: Vt ejus magnificum & cuncto imperio ejus suis & futuris temporibus firmetur capitulum, sive ab anno 30, à quo adhuc testes haberi possunt, seu etiam ab illo, à quo felicissimum ejus sumpsit exordium, qualiter omnes lites & jurgia in sua misericordia terminum habere potuissent. Vt de falsis testibus, ejus simili modo piissimum firmetur capitulum, qualiter & hoc quod ill Bonomae statuit, firmissimum habeatur: & adhuc quaerantur, quatenùs in sua piissima misericordia, SI QVA NECESSARIA SVNT AVGEANTVR. All which Canons, standing at the Emperors courtesy to ratify, prove undeniably, that without his approbation and confirmation they were mere nullities. Wherefore Aistulfus Archibishop of Mainz (as Bochellus informs me) spake thus in that Synod, SI PRINCIPI PLACVERIT ALIISQVE FIDELIBVS SVIS, ROGEMVS, VT CONCLAVDETVR ET SVBSCRIBATVR; If it shall please the Prince and other his Nobles and Liege people, we entreat that it may be jointly applauded and subscribed: ET CONLAVDATVM EST, ET SVBSCRIPTVM EST, TAM A PRINCIPE QUAM A CAETERIS OMNIBVS; And it was applauded and subscribed, as well by the Prince as by all others, So that the consent and subscription both of the Prince, the Peers and Nobles, as well as of the Prelates, was requisite to confirm the Canons of Councils. The first Council of Orleans, under King Clodoveus, thus prostitute their Canons to his censure and approbation; Domino suo Catholicae Ecclesiae filio Clodoveo gloriosissimo Regi, omnes Sacerdotes quos ad Concilium venire jussistis; quia • tanta ad Religions Catholicae cultum gloriosae fidei cura vos excitat, ut Sacerdotalis mentis affectu, Sacerdotes de rebus necessariis tractaturos in unum colligi jusseritis, SECVNDVM VESTRAE VOLVNTATIS CONSVLTATIONEM ET TITVLOS QVOS DEDISTIS, ea, quae nobis visa sunt, definitione respondimus, ità ut si ea, quae nos statuimus, ETIAM VESTRO RECTA ESSE IVDICIO COMPROBATVR, TANTI CONSENSVS REGIS AC DOMINI MAJORIS AVTORITATEM SERVANDAM (majori autoritate servandae, saith Surius) tantorum FIRMET SENTENTIA Sacerdotum. This Council therefore deemed not their Canons firm and valid, unless ratified and confirmed by the Prince. The Council of Paris, under Louis and Lotharius, and all the Prelates in it, in their Epistle to these Princes, commend their Canons to their correction and ratification, in this manner, Nos fidelissimi as devotissimi salutis vestrae procuratores, juxta parvitatem sensùs nostri, prout brevitas temporis permisit, SECVNDVM SANCTAM DEVOTIONEM ET ORDINATIONEM VESTRAM, de causis ad Religionem Christianam, nostrumque ministerium atque periculum pertinentibus; necnon & de his quae ad nostram correctionem & emendationem pertinere perspeximus, sive de his, quae populis generaliter annuncianda & admonenda praevidimus, capitulatim in praecedentibus adnotavimus libellis, VESTRAEQVE SERENITATI LEGENDA, IMMO PROBANDA, OBTVLIMVS, &c. Et quanquam de his, quae praemissa sunt, vestro ardentissimo desiderio priùs satisfacere elegerimus, nequaquam tamen haec quae specialiter ad vestram personam, ministeriumque pertinere cognovimus, oblivioni tradimus, sed potiùs vestrae saluti prospicientes, nonnulla capitula necessaria in secundo hujus operis libello, ad nomen ministeriumque vestrum pertinentia, periculumque cavendum, solerti studio congessimus, & vobis familiariter admonitionis gratia, porrigenda devovimus; ut ea diligenter inspiciendo, legendo & audiendo, aperte atque distinct Vestra cognoscat Celsitudo, de quibus & pro quibus in memoratis conventibus nostris, secundùm virium nostrarum possibilitatem fideliter salubriterque egerimus. Hence this Council humbly beseecheth these Princes, to establish divers things and Canons they propound unto them, in these supplicative words; l. 3. c. 8. to 27. Petimus humiliter Excellentiam vestram. Illud etiam specialiter necessarium Vestra suggerere Pietati duximus. Similiter etiam obnixe ac suppliciter vestrae Celsitudini suggerimus. Similiter & hoc à Vestra Pietate necessarium duximus expetendum. Illud quoque à vestra Pietate suppliciter flagitamus. Illud etiam obnixe Vestram sanctam piissimamque Devotionem suppliciter monendo deposcimus. Iterùm suppliciter admonendo vestrae suggerimus Serenitati. Postulamus etiam, ut Celsitudo vestra. Iterum monendo, Magnitudini vestrae suppliciter suggerimus. Similiter deposcimus. Rogamus etiam vestram Pietatem. Et hoc humiliter observando admonemus. And lib. 1. cap. 50. De observatione diei Dominicae. Quapropter specialiter atque humiliter à Sacerdotibus Imperialis Celsitudo flagitanda est, ut ejus à Deo ordinata potestas, ob honorem & reverentiam tanti dici, cunctis motum incutiat, ne in hac sancta & venerabile die mercatus, & placita, & ruralia quaeque opera, necnon & quaslibet corrigationes ullius conditionis homines facere praesumant. And it concludes thus, lib. 3. cap. 27. Porro de Episcopali libertate, quam, Deo annuente, VESTRO QVE ADMINICVLO SVFFRAGANTE, adipisci ad Dei servitium peragendum cupimus, suo in tempore VOBIS DICENDA, ATQVE VOBISCVM CONFERENDA RESERVAVIMVS. By all which it appears, that this Council could decree nothing but by the Emperors License; and that all their Canons and Decrees were vain and abortive without his ratification of them. The Synod of Aquisgran (or Aix) under Ludovicus Pius, Anno 833. hath almost the self-same words and passages; being directed by this Emperor both what to treat of, and petitioning him to ratify and put in execution what they decreed, as these passages manifest; Ibi de statu sanctae Dei Ecclesiae AD MONENTE Serenissimo atque totius religions devatissimo praefato Imperatore, tractare coepissemus. Revolutis igitur A VESTRA NOBIS benignissima devotione, COLLATIS TRIBVS CAPITVLIS, id est, VT VENTILARENTVR, &c. Vestrum siquidem nihilominus supplici admonitione & affectu charitatis excellentiam, admonente, si quae sunt Ecclesiastici juris VESTRA PIISSIMA GVBERNATIONE ERIGENDA, VT PER VOS, VESTROSQVE Christianae Religions commilitiones SVBLEVENTVR, &c. Haec nos fideles & devotissimi famuli & Oratores vestri, juxta parvitatem sensus nostri, SECVNDVM SANCTAM ORDINATIONEM VESTRAM, de his quae ad nostram, & consacerdotorum subjectorumque nostrorum correctionem & emendationem pertinere perspeximus, &c. Sed nunc quia de his quae praemissa sunt, VESTRO ARDENTISSIMO DESIDERIO prius satisfacere studuimus: illud tamen quod ad vestram specialiter personam ministeriumque pertinere cognoscimus, nullatenus oblivioni tradidimus; sed potius vestrae saluti prospicientes, nonnulla capitula necessaria fideliter collegimus, & VOBIS familiariter admonitionis gratia devoteque PORRIGENDA devovimus. Similiter quaedam ad filios vestros pertinentia, quaedam vero ad commilitones vestros non minùs pertinentia: Which Canons commonly begin thus, Petimus humiliter vestram Excellentiam. Illud etiam specialiter necessarium vestrae suggerere Pietati duximus. Rogamus etiam vestram Pietatem propter divinam misericordiam, vestramque salutem. Et hoc humiliter admonemus. Innotescimus vobis, quod ea, quae IN CAPITVLIS VESTRIS NOBIS TRACTANDA COMMISISTIS, &c. Vestram intereà Deo amabilis Auguste petimus clementiam. Similiter est postulandum. Meminimus in posteriis conventibus nonnulla capitula ab Episcopis VESTRA ADMONITIONE FVISSE TRACTATA ATQVE STATVTA, pro necessitate & communi salute utrorumque ordinum Ecclesiasticorum scilicet & secularium, sed nescimus quibus impedientibus obstaculis quasi oblivioni tradita. Ideoque affectu devoto, supplici admonitione admonemus, & admonendo precamur, ne ista, quae nunc, licet perpauca, praelibavimus ad statum sanctae Dei Ecclesiae, simili modo oblivioni tradantur, sed pro speculo omnibus inconvulsa habeantur atque conserventur, &c. The Synod of Mainz, under Rabanus Maurus, assembled by the command of Lodovicus Pius, sent all their Canons, with a Preface before them, to this Emperor; wherein they have this notable passage touching Princes Jurisdiction Ecclesiastical, De Christianis vero Regibus & Imperatoribus non necesse est aliqua exempla ponere; cùm omnes qui rectae fidei & sani dogmatis fuerint, à Constantino Imperatore, qui primus Imperatorum Christianum Religionem defendere, atque honorem Ecclesiarum Dei amplificare coepit, usque ad nos, semper in hoc studio solerter laboraverint, ut Ecclesia Dei pacem, & tranquillitatem haberet, quatenus cultus Dei incontaminatus foret, & servi ejus sine impedimento Deo delectabiliter deservirent. And at the end of their last Canon, they conclude with this Petition to the Emperor, Haec vero quae VOBIS TRANSMISSA SVNT, PETIMVS, VT VESTRA AVTORITATE FIRMENTVR: Et si quis adversarius illis existere voluerit, praevalere non permittatur. Dei enim cooperatores vos esse debetis, & adjutores sanctae ejus Ecclesiae, quatenus Religio-Christiana incontaminatae temporibus regni vestri usque ad finem servetur. The Synod of Aix, under King Pepin, sent the Canons and Admonitions they had made unto him, to read, approve, and execute, as the Preface and close of them, directed to him, manifest at large: Yea, lib. 3. cap. 27. they desire him, on their bended knees, that he would look upon them with a favorable and acceptable eye, and that they might through his approbation be profitable to himself, his subjects and people. The Synod of Melden, under Charles the younger, Anno 845. in the Prologue before the Canons, recites, That the Synod of Aredon was confirmed with the Subscription of King Charles, and of all the Clerks and Lay-men present in it; Quod idem inclytus Princeps & caeteri quique tam Ecclesiastici quam EX LAICALI ORDINE QVI ADFVERVNT VIRI MANV PROPRIA FIRMAVERVNT. That not long before, in the Synod of Meaux, divers Canons, there recited, were decreed by the King, the Clergy, and Nobles: Nuper ab eodem devotissimo Principe, unà cum sacro Ecclesiastico Ordine, ET ILLVSTRIVM VIRORVM NOBILITATE DECRETA SVNT. These two Councils were in nature of Parliaments, the King and his Nobles being present, having voices in them, and subscribing them as well as the Prelates. In the 2, 5, 12, 26, to 44. 76, to 83, 88, 89. Canons of the Synod of Melden, we find nothing but Supplications and Petitions to the King, to decree, and ratify the things comprised in them: Petimus, suggerendum est, ut Regia magnificentia liberiorem libertatem Episcopis ad suum peragendum in corum parochiis ministerium, quàm hactenus habuissent, tribuat. Vt Principes juxta decreta Canonum per singulas provincias saltem bis aut semel in anno à Metropolitanis & Dioeoesanis Episcopis SYNODICE CONVENIRI CONCEDANT: (Therefore they cannot do it without their license.) Vt Regia Majestas observare praecipiat, &c. Vt jus Ecclesiasticum & legem Canonicam nobis ita conservetis sicut Antecessores vestri. Vt Praecepta quae Avus & Pater vester Ecclesiis nobis commissis fecerunt & firmaverunt, stabilia conservaverunt, ETIAM VOS CONFIRMASTIS ET de caetero RATA CONSERVETIS. And they thus submit their Constitutions to the King, cap. 80. Haec vestrae Christianae Devotioni verbis & scriptis protulimus: Vt autem Capitula, quae Domino Mediator communiter decrevistis ET MANV PROPRIA CONFIRMASTIS, & nunc observatores VOS VERBIS PROMISISTIS, ut opere plentier conservetis & adimpleatis, nunc etiam admonemus. Et Capitula Patris vestri fine refragatione de caetero conserventur, ac Capitulis vestrae Religioni, ab exiguitatis nostrae ministerio oblatis, HOC DIPLOMA, SI COMPLACET, ADNECTATVR. All which, are so many Synodal resolutions, that Canons made in Councils without Princes special ratifications, by their Subscriptions and Charters, are no ways obligatory. In the Synod of Medardum, under Charles the son of Lodovick, who summoned and sat President in it, this King humbly and prudently propounded many things to be defined and discussed therein, himself sitting there in person among the Bishops; there being Lay-men likewise present in it; The Canons in this Synod were made by this Kings direction and assent, and confirmed by his and the others voices and Subscriptions. All which, these Passages of that Synod evidence: Ipse quoque Rex adesse dignatus est, ut non solùm devotione Ecclesiae se filium esse ostenderet, verum etiam sicubi opus esset, protectorem Regia potestate monstraret. Cum itaque Praesules diversarum Ecclesiarum PIO REGE MULTA humiliter & prudenter PROPONENTE, tractassent potiùs quaedam quàm diffinivissent, &c. Parte Cleri quae praesens erat AC LAICORVM, bonum ei testimonium perhibente, &c. Statuit sancta Synodus ANNUENTE PIO PRINCIPE, ut idonei Legati dirigerentur, qui singulorum locorum statum solertissime perscrutarentur; & quae ipsi per se non valerent corrigere, judicio proxime futuri Concilij ET POTESTATI REGIAE REVELARENT. Obtentum est etiam à devotissimo Principe, ut incesti & quilibet alij perditi examen Episcoporum refugientes, per Judices publicos ad corum praesentiam deducantur, ne alterius illicebram peccandi nutriat impunitas vitiorum. Postremo praefixum est ab omnibus generaliter custodiendum; NE VILLAE RES ECCLESIASTICAE ABSQVE REGIS COHIBENTIA COMMVTENTVR. (A strong Canon in the behalf of the Kings Ecclesiastical Jurisdiction.) Et sic cunctis secundum regulam Ecclesiasticam canonice & diligenter patratis, decretum & judicatum est à sancta & venerabili Synodo, ASSENTIENTE ET FAVENTE Christianissimo & gloriosissimo REGE DOMINO CAROLO haec omnia GESTIS INSERI, & in conspectu Synodali relegi, ET RATA OMNIA JVDICATA CVNCTORVM MANIBVS ET SVBSCRIPTIONI CANONICA, PERPETVO inconvulsae & inviolabiliter permansura FIRMARI. The Council of Valens, Anno 855. summoned by the Mandate of Lotharius the Emperor, cap. 23. thus prays his confirmation of the Canons therein compiled; Quod judicium nostrum tàm necessarium & publicae disciplinae Ecclesiasticae defensioni omnino suppliciter postulamus, EJUSDEM PII PRINCIPIS AVTORITATE MVNIRI: Under which they annex the Edict of Constantine for the confirmation of the Judgments and Constitutions of Bishops. In the Synod of Ticinum (or Pauy) under Lodovick the second; this King sent both by word of mouth and writing, an Exhortation and Monition to the Synod, that was publicly related, and read in it: which the Synod drawing up into Canons, humbly desired him to ratify, and to correct sundry abuses which they complained of: Which the King, PRAESENTIBVS OPTIMATIBVS SVIS, in the presence of his Nobles, ratified, both by word of mouth, and Royal Sanctions, beginning with a Statuimus, Sancimus; and concluding thus: Haec olim saepe inculcata ET AVGVSTALI SANCTIONE NOSTRA PROMVLGATA, quia ex parte in aliquibus videntur neglecta hactenus, acriori ulcisci debuerant examine, &c. This Synod being in truth a Parliament, as the relation of it manifests. The Council of Pistis, Anno 863. under King Charles the Bald, is thus prefaced, Carolus gratia Dei Rex, & Episcopy, Abbates quoque & COMITES, ac caeteri in Christo renati FIDELES ex diversis Provinciis, &c. convenimus: Which proves, that Nobles and other Lay-men were present at it. Besides, it makes mention, that the Constitutions of the Council of Valens were made with the consent of that Council, by the Kings Precept, and by him commanded to be proclaimed and kept by his Subjects, and to be read and ratified in this Council: the Constitutions whereof are made in the Kings, and published in the Kings and Councils names; who both subscribed and ratified them, as this close of the Acts of that Council witnesseth, Vt autem haec quae observanda supra scripsimus ac praenominavimus, nunc & de caetero certiùs & expressiùs à Nobis atque à Successoribus inconvulsa serventum; PROPRIIS MANIBVS HIS SVBSCRIBERE COMMUNI CONSENSV DECREVIMVS, ea conditione servatà, ut omnis in cunctis Ordinibus Lex Juris debiti, & honor ab omnibus obedienter & fideliter cooperante Domino conservetur, Post haec omnia relicta & collaudata COMMVNI CONSENSV DECREVIMVS, &c. The Council of Wormes, Anno 868. assembled by the command of King Lodovick, applauds this Princes great devotion, and care for Religion, in these terms, Cujus tanta erga Deum devotio extat, ut non solùm in rebus humanis, VERVM ETIAM IN CAVSIS DIVINIS MAXIMAM SEMPER SOLLICITVDINEM GERAT: The Acts of which Council were approved by him, The eighth general Council of Constantinople was confirmed by the Subscriptions of the Emperors, Basilius, Constantine, and Leo, whose Princes and Nobles were present, and sat as chief Directors and Judges in it: And at the close of the Council, Basilius himself, there present, demanded of the Synod, if they all consented to the Acts and Decrees of this Council, and whether any of them did stick or doubt of any of them? whereto they replied, Omnibus placent quae lecta sunt: Omnes eisdem ipsis concordamus, omnes ita praedicamus; omnes concinentes & consentientes prompte subscribimus▪ After which they all subscribed; and then the Emperors in the last place subscribed in this manner, Basilius, Constantine, & Leo, perpetni Augusti, in Christo Deo sideles Principes Romanorum, & magni Imperatores, sanctam hanc & universalem Synodum SVSCIPIENTES, ET OMNIBVS QVAE AB IPSIS DEFINITA ET SCRIPTA SVNT, CONCORD ANTES, SVBSCRIPSIMVS MANV PROPRIA. In the Council of Friburg, Anno 895. Arnulphus the Emperor sat chief President: In which were present not only Bishops and Abbats, but likewise all the Princes and Nobles of the Empire, with innumerable troops of Clergy-men and Lay-men, who all confirmed the Acts and Decrees thereof with their Subscriptions: Haec Subscriptio sacro-sanctae venerabili profession & condigna responsione innumerabilium circumstantium Presbyterorum ac Diaconorum, necnon & NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPROBATA; as Surius relates it. In the great Council of Constance, the King of Romans in his Imperial Robes sat as President, accompanied with his Nobles, with the Ambassadors and Orators of all Nations, who had voices in that Council, and confirmed the Acts and Sessions thereof, both with their Suffrages and Subscriptions. Yea, Sigismund King of Romans, upon the Petition of the Council, by his Letters Patents and Proclamations under his Seal, took upon him the patronage and protection of the whole Council and their Actions; and justified and ratified all their Proceedings; as the Fourteenth Session manifests, and sundry Passages in that Council prove at large. In the Council of Basil, not only divers Ambassadors and Nobles were present, but likewise Sigismund King of Romans, Hungary and Bohemia, took the said Council into his Protection against Pope Eugenius the Fourth; the Council likewise protecting him, and vacating all the Proces and Proceedings of the Pope against him and William Duke of Bavaria, another of their Protectors. Yea, the Decrees of this Council were made, Assistente Domine Imperatore, in habitu Imperiali, by the assistance of the Emperor, who sat in that Council in his Imperial Robes, and confirmed the Acts and Decrees thereof with his golden Bulls and Edicts. In this Council, many Epistles of the Emperor and other great Princes, both ordering and ratifying their Proceedings and Decrees, which were read publicly; yea, the Determinations and Constitutions both of the Councils of Constance and Basil, were ratified by King Louis of France, by Act of Parliament, 25. Januarij, Anno 1475. and after that, by another Act of Parliament at Paris, 25. Junij, Anno 1512. and by them enjoined to be strictly observed: both which Acts are recorded at large by Bochellus, where he who listeth may peruse them. In the Council of Ferrara, Joannes Palaeologus Emperor of Constantinople, sat as chief President, and divers Nobles with him; yea, he swayed and directed most things in it; and most that spake therein directed their Speeches to him; as every Page almost of the Acts of that Council, and every Session, manifest: speaking and disputing; Impetrata priùs ab Imperatore facultate dicendi: Imperatoris jussu. Si Serenissimo Imperatori placuerit, ea nunc libenter aggrediar. Imperator Serenissime vobis dico. Mitissimi Imperatoris jussu Orationem nostram prosequemur. Imperator. Quisnam est Autor hujus voluminis? And. Hermeus. Imper. Estne rationi congruum • t in Synodo historiae innitantur? And. Ad cognoscendum res gestas Serenissime Imperator, Historia uti debemus. Imp. Historiam illam in nostra Religion debemus suscipere, quam majores nostri probaverunt, aliam vero minime. And. De Romanorum, aut Graecorum, aut Regum bello Historia, Mitissime Imperator, in Synodo nequaquam uti debemus, &c. Sed (ut lubet) Humanissime Imperator, omissis his, unde digressi sumus, revertamur. Imper. Dicat Cardinalis. Imperator jussit ut dissertores electi negocium prosequerentur. Ephesius Imperatoris jussu longam Orationem habuit. Consentiente Imperatore, &c. This Council being adjourned to Florence, Julius the Cardinal there began it with this Oration, Quoniam Imperator Mitissime, &c. after which follows a large Dialogue, in open Council, between him and the Emperor; in the close whereof, Imperatorem rogarunt, &c. Cui quidem sententiae Imperator acquiescens, voluit, ut statim disputatores ipsos seligerent, &c. In the 22. Session of this Council, the Emperor oft times speaks; Haec ad propositum nequaquam spectare videntur, &c. Vt tibi Pater Ephesius morem gereret, huic questioni P. R. respondit. Verum in posterum ne verbum quidem de ea faciet, quandoquidem non tot de causis huc convenimus. De proposita Questione, necesse est, in praesentia disputare, de hac vero forsan alias. Ita quoque Nobis videtur. De hac Questione suo loco videbimus. Session 23. John the Popes Disputant saith, Superiori Sessione Imperatoris Serenissimi jussu convenimus. Non ego, sed Serenissimus Imperator tibi legem imponere potest, saith he to Marcus. The, Emperor in this Session spake oft, and gave the rule of the Synod, and commanded another Session to be held: Jussit ut iterum Sessio haberetur. And in the last Session he orders all, and rules the Rost among his Greciaus; brings them to a unity with the Western Churches, concerning the point of the Procession of the Holy Ghost both from the Father and the Son: he informs them, that he being by God's grace their Emperor, after the custom of his Predecessors, would rest satisfied with the Determination of this Council; and what it, or the major part of it should conclude, he would to the uttermost of his Imperial power ratify, and defend: But (saith he) I will not be constrained by the Latins to add anything to our Sacred Creed, or to change any of the Ceremonies of our Church. And when the Greeks and Latins had accorded, and drawn up Letters of union, both in Greek and Latin, to which both parties should subscribe; this Emperor, first of all for his party, subscribed in this manner: Ego Joannes Palaeologus, fidelis in Christo Rex, & Imperator Romanorum, subscripsi: And five Letters of Union being thus subscribed by him and the whole Synod, they were further ratified by the Popes and Emperors Seals. In the first Session of this great Council of Ferrara, the Pope would have placed the Emperor with his Greeks on the left hand, the Latin Clergy on the right, and himself would have sat in the midst; but the Emperor withstood it, saying, Locum ipsum sibi potiùs quàm summo Pontifici convenire: That that place did rather belong to him than to the Pope: But after many contestations, they all accorded at last, that the Pope and his Clergy should sit on the right side, the Emperor and his Greeks on the left of the Church, one right over against the other, and neither Pope nor Emperor in the midst. In the Council of Lateran, under Leo the tenth, there were divers Ambassadors, Princes, Nobles, and Lay-men present in every Session: Sigismond King of Poland had his Ambassadors and Orators there, chosen by himself, his Princes, Lord's Spiritual and Temporal, Nobles, and Commons in full Parliament; who gave them full Power and Commission for them, and every of them, (Pro Nobis ac Regnis, Dominiis, Principibus, Spiritualibus & Secularibus, Proceribus & Populis ditioni Nostrae Subjectis, (saith their Commission under the Kings Seal, 10. Aprilis, Anno 1515.) to treat of, handle conclude, agree, and determine of all things in their names and steads, that should be propounded or handled in that Council, concerning Religion, or the Church: Etiamsi talia forent quae mandatum exigerent magis speciale quàm praesentibus est insertum: Promising that they would ratify, grant, confirm and establish whatever should be there done and acted by their Orators. Maximilian Duke of Milan, Francis Marquess of Mantua, Stanislaus and John Dukes of Mazovia and Russia, sent Orators and Ambassadors to this Council, with like Commissions under their Seals, to ratify all things therein concluded in their steads; recorded at large by Surius, in the third Session of that Council. And the like Commissions had the Ambassadors of Louis King of France, Joachim Marquess of Brandenburge, William Marquess of Montferrat, Immanuel King of Portugal, Charles Duke of Savoy, and Maximilian the Emperor; the Constitutions of Councils wherein the Pope sat President being not obligaotory, unless the Emperor, with other Christian Kings and Princes ratified them, by their Ambassadors, Orators, and Proctors, if absent from; or by their Subscriptions and Seals, if present in them.
To pass from these to our own domestic Presidents: It is most apparent, by numerous punctual Examples, that the Clergy of England alone, had never any lawful Jurisdiction vested in them, to make binding Ecclesiastical Laws or Canons, in our Synods and Convocations, in any age, without our Kings, Nobles, and Parliaments assents and approbations: That all, or most of our ancient Councils, Synods, Convocations, were naught else but Parliaments; wherein our Kings, Nobles, Senators, and Commons were personally present, as well as Bishops or Clergy-men: And that all matters concerning Religion, Church-Government, Ceremonies, with all binding Laws, Canons, Articles relating thereunto, have, since the first planting of Religion in this our Island till this present time, been always settled, resolved, confirmed, in, and by Parliaments; or such Councils and Synods, wherein our Kings, Nobles, Commons were present, and had decisive Votes.
It is the received opinion of all our Antiquaries and Historians, that King [ 1] Lucius was the first Christian King of this Island, and the first Prince in the world that embraced the Christian Faith. That about the year of our Lord 185. he writing to Pope Elutherius, to send him the Roman and Imperial Laws, whereby to govern his people, (then newly converted to Christ,) the modest Pope returned him this answer; You have requested the Roman and Caesarean Laws to be transmitted to you from Us, which you would use in the Kingdom of Britain: The Roman and Caesarean Laws We may at all times reject; but the Law of God by no means. You have lately, by God's mercy, received the Law and Faith of Christ in the Kingdom of Britain; You have with you in the Realm both Testaments; out of them, by God's grace, PER CONSILIUM REGNI VESTRI, SUME LEGEM; By the Council of Your Realm, (not of your Clergy or Prelates) take a Law; and by it, through God's power, You may govern Your Realm of Britain: For You are God's Vicar (as Bracton likewise stiles our Kings) in Your Realm, &c. Lo here the Pope himself resolves, the King and great Council of this Realm (the Parliament, not Clergy or Convocation) to be the only proper makers of Laws to govern the Church and Kingdom by.
Anno 446. Germanus and Lupus, two learned Bishops, being sent hither out of France, to suppress the spreading, dangerous Pelagian Heresy, 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 [ 2] present, & expected to be the future Judge: Adstabant partes, dispari conditione consimiles. Inde divina fides; hinc humana praesumptio: inde Christus; hinc Pelagius, autor perversae pravitatis, &c. After a long dispute, Vanity is convinced, confounded; perfidiousness 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 we 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 final Sentence in this great controversy concerning Religion.
Anno 449. There was another British Council, held by the said Germanus [ 3] and Severus, MAGNOQUE Clericorum ET LAICORUM NUMERO, 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; OMNIUMQUE SENTENTIA pravitatum perversitas cum suis Autoribus condemnatur: So that the Laity, as well as the Clergy, gave Sentence in this Synod against this Heresy and the Authors of it. Nennius cap. 37. adds of this Council, concerning Vortigerne, Dum conventa esset magna Synodus Clericorum ET LAICORUM in uno Concilio, &c. Ipse Rex maledictus est, & damnatur à beato Germano, & OMNI CONCILIO BRITONUM. So that Lay-men were present, and gave sentence together with the Clergy, in this second Synod held in this our Isle.
[ 4] About the year 612. King Ethelbert, Genti suae Decreta Judiciorum (as well in Ecclesiastical as Temporal causes,) juxta exempla Romanorum, CVM CONCILIO SAPENTUM INSTITUIT, &c. as Beda witnesseth.
About the year 627. Edwin King of Northumberland being persuaded to [ 5] become a Christian, returned this answer, That he was about to confer with his friends and COUNSELLORS concerning this thing, and that if they would agree in opinion with him, they would all be consecrated to Christ together in the Fountain of life: He did as he had said; Habito enim CUM SAPIENTIBUS CONCILIO, For, holding a Council with his wise-men, he 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 virtue in it, and that the Christian was far better, and to be embraced; the rest of the Elders and Kings Counselors concurred in opinion with him: Whereupon they resolved forthwith to anathematize, and burn 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, embraced 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.
[ 6] In the year 663. there was a great Council held at Strenaeshale, to decide the controversy concerning the due time of keeping Easter: in which Council, King Oswey and his son Alfred, with MANY NOBLES, Bishops, Clerks, and LAY-MEN were present. Colman and his Scottish Clergy maintained, that it ought to be kept after the Jewish computation: Agilbert and his party held the contrary; that it ought to be observed at the time the Western Church solemnized it. The Council being sat, King Oswey, who presided in it, before any debate of the Controversy, made a solemn Speech unto them, to this effect; (necessary for our times.) That it behooved 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 Kingdom in heaven: Therefore they should rather inquire, which was the truer tradition, and that this should be commonly followed by all. Which said, he commanded Bishop Colman to relate what Rite it was which he observed, and whence it derived its original: 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 he did: After long debate on either side, the King gave sentence for Wilfreds opinion, against Colman and his party, because St. Peter, who had the custody of Heaven Gates, did (by Colmans own confession) keep Easter as Wilfred held they ought to do. 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 institution, ad ea quae meliora cognoverant sese transfer festinabant: all the great and mean Persons sitting and standing by concuring with the King, gave sentence against Coleman for Wilfred, and observed Easter accordingly ever after in their practice. Here we find the Clergy men only the debaters, but the King, Nobles, and Commons the sole Judges and Resolvers of this Controversy, and that in a most eminent general National Council.
Anno 673. there was a Council held at Hertford under Theodor Archbishop [ 7] of Canterbury, praesentibus Episcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writes Matthew 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 [ 8] affairs) before Them all, which were afterwards assented to and subscribed.
Anno 684. There was a Council held near the River of Alne sub praesentia Regis Egfridi: in the presence of King Egfrid, who sat president in it. [ 9]
Anno 692. King Ina made and published sundry notable ecclesiastical laws concerning Religion & Church government, and that in a Parliament or Council, wherein the King, Nobels, Senators, and Elders of the people were present, as well as Bishops and Clergy men, Witness this preface to those Laws 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, religiese 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 [ 10] cuivis in ditione nostra degenti, haec nostra antiquare judicia.
Anno 694. there was a great Council held at Becanceld, wherein Withred King of Kent sat President, and Bertuald Archbishop of Britain, with Toby Bishop of Rochester, the Abbats, Abbesses, Presbyters, Deacons, DVKES, EARLES, all assembled together, deliberating about the state of the Churches in England. The King subscribed the Laws 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. [ 11]
Anno 697. there was a Council held at Berghamsted in the 5th. year of the Reign of Withred King of Kent, under Birtuald the high Priest of Britanny, Gybmund Bishop of Rochester, and all the Ecclesiastical Orders, qui cum viris utique militaribus humanissime et communi omnium assensu has l • ges decrevre, Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas, edixere The Laws are 28. in number, all concerning Ecclesiastical matters, and are styled in the Saxon Copy, Juditia Withredi, made in a Council 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 Soldiers were present, as well as the Bishops, promulging and con • enting to these Laws.
About the year 712 • ae King of Westsex, assembled a great Council [ 12] of all his Bishops, PRINCES, NOBLES, EARLES, AND OF ALL THE WISEMEN, ALDERMEN, AND COMMONS OF THE WHOL REALM, wherein he made certain Ecclesiastical Laws concerning marriages, to suppress all fornication and uncleanness; 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 year 714 Naitan King of Picts, received a letter from Abbot [ 13] 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 Council of learned men, and of his Nobles; and reading the said letter before them; Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV, kneled down 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 form of keeping Easter, and tonsure to be perpetually observed throughout [ 14] his Realm: which was presently commanded by a royal Edict, to be put in public execution and was accordingly performed.
Anno 724. There was a Synod held in Northumberland, by the Authority and favor of King Osred wherein wilfrid by the Kings favor got the superiority of his enemy. About four years after, there was another Council held at Worcester under Archbishop Bertuald by Pope Constantine's advise, not only of Religious persons; Sed etiam regni Procerum, But likewise of [ 15] the Nobles of the Realm.
The Council 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 Ecclesiastical Constitutions, consented to and approved by the King all the Princes, Dukes Nobles of his Kingdom, & not made or promulgated [ 16] by the Bishops only. At this Council were present 33. Princes and Dukes.
The Ecclesiastical Canons in the Council 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 Ecclesiastical Persons: [ 17] Convenerunt Omnes Principes regionis • tam Ecclesiastici quam Seculares &c. Tam REX QVAM PRINCIPESSVI, CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT. [ 18]
Anno 7 • 9. Pope Alrians Legates held a Council at Chalchyth; where Jambert Archbishop of Canterbury resigned part of his Archbishopric to the Bishop of Litchfield, and Offa King of Mercians, who sat chief in it, caused his Son Egfride to be crowned King, it being in truth a Parliament, as well as a Synod, anciently and yet styled a COVNCELL. [ 19]
Anno 793 King Offa held a Council 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 privileges, and that the King should go to Rome about it, which he did; Iuxta sententiam praedicti Concilii.
Anno 794. at the great Council of Celichyth, there were present 9. Kings, [ 20] 15. Bishops, and 20. Dukes, wherein the Relics of Saint Alban were elevated, adorned, and a Monastery sounded to enshrine his bones: And the same year King Offa having assembled another Council of his Bishops and Nobles at Verolam: REX VNANIMI OMNIVM CONSENSV et benevola voluntate beat Albano amplas contulit terras, et possessiones innumeras, Monachorum [ 21] quoque conventum ad tumbam congregavit, &c.
Cyneulf King of Westsex about the year 796. writ a letter to Lullus Bishop of Mainz, una cum Episcopis meis, neenon CVM CATERVA SATRAPARVM; to settle matters of Religion.
In the Council of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos, DVCES, Abbates, & CVJVSCVNQVE [ 22] ORDINISVIROS: there were several 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 [ 23] Kenulf King of Mercians, there were not only Bishops, Abbots, Priests, and Deacons present in it, but the King himself cum suis Principibus, Ducibus & Optimatibus; with his Princes, Dukes, Nobles, who made and published 11. Canons concerning matters of saith and Church affairs. [ 24]
Anno 822. there was a Synodal Council held at Clovesho under king Beornulfe, wherein this king sat 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 Monastical life, and likewise the stability of the Realm. A clear evidence it was both a Parliament and Synod too. [ 25]
Anno 824. There was another Synodal Assembly held at Clovesho under the same king Beornulfe, and Wulfred Archbishop of Canterbury; assidentibus Episcopis, Abbatibus, & PRINCIPIBVS. MERCIORVM VNIVERSIS & MVLTI SAPIENTISSIMI VIRI CONGREGATI: to determine certain Controversies, and settle the lands of the Church, which they did accordingly; the Acts of this Council were subscribed by the king, [ 26] his Dukes, & Nobles, as, well as by the Bishops as you may see in the close of it.
Anno 833. there was a Council held at London the 26 of May which is intiuled Concilium Pan-Anglicum, a Cauncell of all England: wherein were present Egbert King of West-Saxons, and Withlasius King of Mercians both the Archbishops of England, with the Bishops and Nobles. In which they con •• ted not only of Church affairs, but also about hindering the incursions of the Danes; and confirmed divers Privileges to the Abby of Crowland, by a Charter granted by this King in this Council, subscribed by the King, Dukes, and other Laymen, as well as by Bishops and Abbots.
Anno 838. I find Concilium Pan-Anglicum held at Kingston, wherein King Egbert and Ethelwolfe his Son sat Presidents, together with Ceolueth Archbishop, and the rest of the Bishops, & optimatibus Angliae and the chief men and Nobles at England,, wherein certain Charters of Lands given to the Church (formerly accorded to by the Nobles) were confirmed under pain of excommunication, and curses to the infringers of them. About which time Keneth king of Scots, compiled and published certain Ecclesiastical Laws, intermixed with [ 28] temporal, made in a Parliamentary Council, not an Episcopal Synod.
Anno 851. there was a Council held at Kingsbury, under Bertulph King of Mercia, praesentibus Ceolnotho Dorobernensi Archiepiscopo, caeterisque Regni Merciae Episcopis & Magnatibus; and another Council at Benningdon [ 29] under this King about the same year, â Praelatis & Proceribus Regni sub Bertolpho Rege; In both these ample possessions and privileges were granted to the Abbots and Monks of England; Vnanimi consensu totius praesentis Cancilii, pro Regni negotiis Congregati, the Charters being subscribed by Dukes, Lord's, and temporal Officers, present in these Councils, as well as by Bishops or Abbots.
An. 855. There was a general Council of all England held at Winchester, Concilium U • ntoniae Pan-anglicum 5. Nov: Judic. 4. celebratum, praesentibus Aethelwulfo Rege Westsaxoniae, Beorredo Rege Merciae, & Edmundo Rege East-Anglorum, una cum Archiepiscopis Cantuariae, & Eborum, caeterisque totius Angliae Episcopis & Magnatibus; in which King Aethelwulph by his royal Charter granted the tenth part of his lands and goods to the Church, cum coxsilio Episcoporum ac Principum meorum: Praesentibus & subscribentibus Archiepiscopis & Episcopis Angliae Vniversis, re • non Beorredo Rege Merciae & [ 30] Edmundo Eastanglorum Rege, Abbatum, & Abbatissarum, Ducum, Comitium, Procerumquetotius terrae, aliorumque fidelium infintia multitudine, qui omnes Regium Chirographum landaverunt, Dignitates vero sua nomina subscripserunt. These Councils therefore were no other but Parliaments.
[ 31] The Ecclesiastical Laws of king Alfred Anno 887. were made in Parliament, and not in a Synod of Bishops; Ex Consulto Sapientum; Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex, prudent • ssimeram e nostris confilio usus sum, atque eis omnibus placuit edici eorum observationem; [ 32] saith the Praeface to his Laws.
The Ecclesiastical Laws of Alfred (or Alfred) and Guthurne were accorded in a Council, wherein these Kings and their people made a League.
King Edward the elder upon the letter of Pope Formosus; congregavit Synodum SENATORVM, PROCERVM, POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus. Tum sibi Rex cum suis, & Plegmundus Archiepiscopus salubre consilium iniverunt, and constituted and elected five Bishops in the Province of the Gevisi, where there were but two Bishoprics formerly, dividing those two Bishoprics into five, by a Parliament, not Synod.
The Ecclesiastical Laws of King Edward the elder and Guthurne An. [ 33] 905. were made in Parliaments of the Lord's and Commons, not Synods of the Clergy, as appears by this Proem. Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus & Guthurnus Reges, deinde Edovardus & Guthurnus Reges illis ipsis temporibus tulere, cum Pacis foedus Daci & Angli ferierunt ac sese mutuo an • plexi sunt; quae postea a SAPIENTIBVS recitata saepius, atque ad communem Regni utilitatem aucta, atque amplificata sunt.
The Ecclesiastical Laws of King Aethelstan An. 928. were made in [ 34] Parliament, not in a Convocation, as is evident by the temporal laws mixed with them, made at the same time, and by chap. 9. Decreta cictaque sunt haec in celebri Gratanleano Concilio, cui Wulfhelmus interfuit Archiepiscopus, & cum eo Optimates & Sapientes ab Aethelstano evocati frequentissimi.
The Ecclesiastical laws of Hoel Dha the good King of all Wales, [ 35] about the year 940. were made, not by the Ecclesiastical persons only, but by the Laity too, he summoning, sex Laicos viros authoritate & scientia pollentes, six Laymen potent in authority and Learning out of every County, and then selecting out of them twelve Laicos doctissimos, & unum Clericum doctissimum qui vocabatur Blanguindus, ad instituendas sibi leges & usus, &c. 12. most learned Laymen, and but one learned Clerke, to compile Ecclesiastical Laws, for him and his people.
The Ecclesiastical Laws of King Edmund Anno 944. were made in a [ 36] Parliament at London, as appears by the temporal laws joined with them, and by the Proocme. Edmundus Rex ipso solenni Paschatis festo frequentem Londini tam Ecclesiasticorum quam LAICORVM caetum celebravit, &c. A sci entissimis, Regni mei in celebri tam Ecclesiasticorum quam LAICORVM frequentia studiose requisivisse, quo tandem pacto Christiana proveheretur fides. Atque NOBIS OMNIBVS commodissimum visum est. Edmundus Rex congregavit magnam Synodum Dei ordinis & SECVLI apud London &c. Ego Edmundus Rex mando & praecipio omni populo seniorum ac juvenum qui in regione mea sunt, ea quae investigans investigovi cum sapientibus Clericis & LAICIS. [ 37]
Anno 948. There was a Council as well of Lord's and great men as Bishops and Abbots held in London. In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi, Episcopy, ac Abbate; quam caeteri totius Regni Proceres & Optimates Londoniis convenissent, ad tractandum de negotiis publicis totius regni, consummatis Omnibus, the K. in this Parlia. granted a large Charter of lands & privileges to the Abbey of Croyland: this Council therefore was certainly no other but a Parliament. [ 38]
An. 952. Ed • arus Rex tandem potior, emvocate ad Brandenfordiam Regni Concilio, Patris Edwini acta & decreta rescindit; Ablatas Ecclesiis & Monasteriis opes restituit, &c. This no doubt was a Parliament. [ 39]
King E • gars Ecclesiastical Laws An. 967. have this Prologue which proves them made in full Parliament, Leges quas Edgarus Rex FREQVENTI SENATV, ad Dei gloriam, regiae Majestatis ornamentum, ac Reipublicae utilitatem 〈1 page duplicate〉 〈1 page duplicate〉 [ 40] sanciunt. Hoc est institutum quod Edgarus Rex Consilio Sapientum suorum instituit, &c.
[ 41] Anno. 973. I find a Council held at London under King Edgar, for the regulating of the Abbots and Monks of Glastonbury, and settling of their privileges, wherein King Edgar granted a Charter to this Abbey, CONCILIO OMNIVM PRIMATVM MEORVM; subscribed by himself and Alfgina his Mother, Edward Clito his successor, Kmedius King of [ 42] Scotland, Mascusus his Admiral, Dunstan Archbishop of Canterbury, Oswald Archbishop of York, caeterisque Episcopis & OMNIBVS Regni PRIMATIBVS, with others of his officers.
In the Council of Winchester An. 975. assembled to determine the great controversy, whether married Clerks ought to be preferred before monks? King Edgar and his Queen, Elferus Prince of Mercians, Ethelwin Duke of the East-Angles, Elfwold his kinsman, Archbishop Dunstan, cum cae. teris Episcopis, Abbatibus, &c. Brithnotho Comite, cum NOBJLITATE TOTIUS REGNS, were present to decide this difference.
In the Council of Calne Anno 977. called for the same purpose, there were present praeter Episcopes & caeterum clerum, TOTIVS Angliae Majores Natu: Omnes aderant Aaglorum Optimates, Rege tamen (propter teneram aetatem) absent: There were at it, Praesules, PROCERES, EQVITES, NOBILES PARITER & IGNOBILES, Omnium ordinum conspicui, clarique [ 43] viri, write our Historians.
Anno 1005. King Aethelred granted Lands and privileges to the Monks of Christ-Church in Canterbury by his Charter, confirmed and subscribed [ 44] in a Parliamentall Council, as well by his Nobles, as Prelates and Abbots, as you may read in the subscriptions themselves.
Anno 1009. There was a general Council at Eanham, Concilium Aenhamense generale seu Pan-anglieum Optimatibus celebratum: In this Council there were thirty two Canons made, which begin thus, Haec sunt Constitutiones quaetulerunt Angli eruditi, eligerunt etiam & edixerunt, instanterque docuerunt observandas. This (writes Spelman) was doubtless a Parliament, Regium fuisse certum est Aenhamense Concilium, tum quod edicto Regis cogebatur, & de rebus statuit ad ecclesiasticos non pertinentibus, tum quod in festo habebatur Pentecostes, in quibus celebritatibus convocare Reges ex antiqun consuentudine, soliti orant Proceres suos utriusque ordinis ad festum Regium adornandum, & consilia [ 45] Regni ineunda: yet its decrees are styled SYNODALIA.
The Ecclesiastical laws of king Aethelred Anno 1012. have this Inscription, Haec instituerunt Rex Aethelredus, & SAPIENTES ejus apud Habam They were made in full Parliament, not in a Convocation of the Clergy, and intermixed with secular Laws.
[ 46] The Council of Winton under Canutus Anno 1021. begins thus, Haec sunt statuta Canuti Regis Anglorum, &c. Venerando sapientum ejus Concilio, ad laudem & gloriam Dei, & sui regalitatem, & commune commodum. Rex Canutus anno regni sui 5. cunctos regni sui Praelatos, Proceresque ac Magnas ces ad suum convocans Parliamentum, in suo publico Parliamento, persistentibitpersonaliter in eodem Wolstano & Adelnodo A chiepiscopis, & Ailwine Episcope Elmhamense, & alijs Episcopis, ipsorum Suff aganeis, septem Ducibus, cum totidem Comitibus, nec non diversorum Monasteriorum, nounullis Abbatibus, cum quamplurimis gregarijs Militibus, ac cum populi multitudine copiosae, ac omnibus tunc in eodem Parliamento personaliter existentibus, votis Regijs unanimiter consentientibus, praeceptum & decretum fuit. Quod monasterium, sancti Edmundi, &c. sit ab omni jurisdictione Episcoporum Comitatus illius, ex tunc in perpetuum funditus liberum & exemptum, &c. This Council was clearly a PARLIAMENT and so expressly styled.
The Ecclesiastical Laws of K. Knute, An. 1032. were made in Parliament, [ 47] not in Convocation, as appears by this proaeme. Consultum quod Canutus Aaglorum, Dacorum & Norvegiensium Rex, ex SAPIENTUM CONCILIO ad Dei immortalis Gloriam, Regiae Majestatis ornamentum, & Reip: utilitatem, Natalatijs Domini Nostri Jesu Christi diebus, Vintoniae sancivit: the Laws are in number 26. and intermixt with his secular Laws made at the same time, Haec illa humana, at{que} politica sunt Jura, quae Sapientum adhibito consilio, per omnem Aagliam observari praecipio. So as this Council clearly was a Parliament, not a Synod or Convocation.
Anno 1066. There was a most famous Council or Assembly held at [ 48] Westminster under King Edward the Confessor, in the last year of his Reign, on the Feast of Christ's Nativity: Praesentibus Rege & Confessore, Edgitha Regina, Stigando Archiepiscopo Cantuariae, Eldredo Archiepisc. Eboraci, cateris{que} Angliae Episcopis, Abbatibus, Capellanis Regis, COMITIBUS, MINISTRIS [seu Thanis] Regijs, & MILITIBUS, about the endowment, privileges, and Sanctuary of Westminster Abby, then newly re-edified and consecrated: In which Council the King granted several Charters of privileges to this Abbey; which were consented unto, ratified, and subscribed, as well by the Dukes, Nobles, Officers, Knights and other Lay-men, as by the King Queen, Bishops, Abbots, and Clergy.
By all these ancient Presidents before the Conquest, (to which others might be added,) it is most apparent, That all our prisline Synods, and Councils were naught else but Parliaments; that our Kings, Nobles, Senators, Aldermen, Wisemen, Knights, and Commons, were usually present and voting in them, as members and Judges; and that all our Ecclesiastical Laws, Canons and Constitutions that were obligatory or binding, as well concerning matters of faith, Church-Government, discipline, as manners, were ever made, enacted, ratified in and by our Parliaments only, and not by the Bishops, or Clergy alone, or by the King and Clergy in mere Ecclesiastical Synods, without the Nobles, Senators; and Commons consents or Votes. Neither find I any example or Author from King Lucius his Reign to the Conquest, that either denied the legislative or coercive power of such Councils and Parliaments, either in matters of doctrine, Discipline, Church Government, or manners; but all readily and unanimously subscribed to it: enough to silence all novel opposites whatsoever, King William the Conqueror as he was resolved in a Full Council and Parliament, to be Christ's Vicar, and chief Governor of the Church within this Realm in these words; Rex, quia Vicarius summi regis est, ad hoc constituitur, ut regnum & Populum Domini, & super omina SANCTAM ECCLESI MREGAT ET DEFENDAT, &c. taken out of King Edward the Confessors Laws, (which he established and ratified;) so he reformed the Ecclesiastical Laws and Canons of the Church in and by a Common Council, and Parliament, as well of the Nobles, and Commons, as of the Prelates and Clergy, as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury: WILLIELMUS Rex Angliae DE COMMUNI CONCILIO, Archiepiscoporum Abbatum, & OMNIUM PROCERUM REGNI SUI, Leges Episcopales, quae non bere, nec secundum Sanctorum Canonum praeceptae, fuerunt, sicut nec sunt his diebus, OBSERV AND AS IN CONCUSSE JUDICAVERIT, &c. And by this his rescript to Remigius Bishop of Lincoln, WILLIELMUS, Gratia Dei, &c. Sciatis vos omnes, & caeteri mei fideles, qui in Angliamanent, quod Episcopales leges, quae non bere, nec secundum Sanctorum Canonum praecepta, usque ad mea tempora, in regno Anglorum fuerunt, COMMUNI CONCILIO, et consilio Archiepiscoporum meorum, & caeterorum Episcoporum & Abbatum, & OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI. Proptereamando, & Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus, de legibus Episcopalibus amplius in HUNDRET placita toneant, &c.
[ 3] In the Council of Rhoan, Anno 1073. William the Conqueror sat chief President. And decreed many things as well touching Ecclesiastical Affaires, as the benefit of his new Kingdom of England, Among other things it was there decreed [Judicatum est praesidente Rege Anglorum Gulielmo: writes Matthew Westminster] the King himself being president, that Monks who by force assaulted their Abbotts (as the Monks of Andoem had assaulted, and slain their Abbot at that time, whiles he was saying Mass) in any Abbeys, should there be thrust into prison for it, which before it seems they could not be. This Council was no other then a Parliament, diverse temporal Laws, as well as Ecclesiastical being enacted therein, and both ratified, approved by this King, who (as Eadmerus stories of him)
In the Council of London under Lanfranks, An. 1075. Concessum est Regia MUNIFICENTIA, Synodali authoritate, Episcopis, de villis transire ad Civitates: By the Kings Royal munificence and the authority of the Synod, liberty was granted to Bishops, to remove from the Villages wherein they resided [ 5] unto Cities: whereupon Herman Bishop of Schiroburne, removed to Salisbury. Stigand from Selescia removed to Chichester, Peter from Litehfield, removed to Chester, the King ratifying the constitution of the Synod, and ordering this removal.
An. 1093. King William Rufus assembled a Council of his Bishops, Abbots, and Nobility of the whole Kingdom, that they might; By their common assent determiue and discuss, whether Anselm Archbishop of Canterbury could Keep his faith to the King, or not, saving that faith, reverence and obedience which he owed to the Apostolic See of Rome, which he would by no means violate? (A weighty question surely of a loyal Prelate;) The Bishops, Abbots, and Nobility of the whole Kingdom almost, Ex Regia Sanctione, assembled at Rochingham Castle, on the fifth day of March at one a Clock in the afternoon, to debate this business; but the King commanded all things to be adjourned till the morrow, Quia Dies Dominica erat, because it was the Lord's Day: an unmeet time to discuss such a business as this was. On the morrow, in medio Procorum & conglobatae multitudinis, eos & assistentem Monachorum, Clericorum, LAICORUM numerosam multitudinem, sic loquitur, &c. Lo here the Nobles, Commons, as well as the Bishops, Abbots and Clergy assembled in a Council (to wit a Parliament) to determine a case of conscience, and that at Anselms request. This matter being long debated, and Anselm continuing refractory, the business was defet • ed till after Whitsuntide.
In the Council of London under Lanfranke summoned by King William Rufus, [ 6] Anno 1095. Ulstan Bishop of Worcester was deprived of his Bishopric by the Kings sentence and verdict, quasi homo idiota, &c. Ipso rege consentiente & hoc dictante decernitur deponendus, saith Matthew Paris, the King sitting chief president in it. [ 7]
In the Council of London Anno 1102. under Anselm, the King and his Nobles were present as well as the Bishops and Ahbots, that whatsoever was therein decreed, might be approved ratified and observed by the unanimous care and solicitud of both orders: For soit was necessary, A plain testimony that the Councils of England in ancient times were no other but Parliaments, and that their Canons ound not any, unless confirmed by King and Parliament, At this Council (write Will. Malmesbury & Eadmerus) Anselm the Archbishop requesting it of the King, Primates Regni, the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR, SJC ENIM NECSSE ERAT, quum multis retre annis Synodali cultura cessante, viciorum vepribus succrescentibus Christiana religions fervor in Anglia nimis reripeat, which they thus preface out of Anselm's own Copy and relation.
Anno 1102. quarto autem Praesulatus Paschalis Summi Pontificis, tertio [ 8] Regni Henrici gloriosi regis Anglorum, ipso annuente celebratum est Concilium in ecclesia beati Petri in • ccidentali parte juxta Londoniam sita, communi consensu Episcoporum, et Abbatum, et Principum totius regni. In this Council held at Westminster, therewere 26. Canons compiled, some against Priests marriage and Wives, which when Giraldns Archbishop of Yorks, enjoined his Clergy to observe; all the Clergy of his Province refused to submit to them, being unwilling to part with their Wives, or to vow Chastity as some of those Canons enjoined them: to the execution whereof, the great discord between the King and Anselm concerning the investitures of Bishops, being an obstacle, produced to this effect. Necanones hujus Synodi legum vim ac potestatem sortirentur That those Canons should not obtain the force and power of Laws.
[ 9] Anno. 1107. another Council was held under Anselm in King Henry the first his own Palace, in which Council The King assented and enacted, that from thenceforth no man should be invested into any Bishopric or Abbie of England by the King or any Layman, by giving him a pastoral staff, or a Ring. Proceres Regni, the Peers of the Realm (writes Eadmerus) were called to this Council, and the King assented to and ratified this Act, Astante multitudine, ac per Consilium Anselmi et Procerum Regni, the Commons standing by him, by the Council of A • selme, and of the great men of the Realm. This Council then was a Parliament, and this Canon assented to, both by the Commons, Peers, and King, • o make it valid.
[ 10] Not long after this King Henry the first summoned another Council about Easter, ad Curiam suam apud Londoniam cunctis Majoribus Regni, having assembled to his Court at London, not only his Archbishops and Bishops, but all the great men of his Kingdom, to suppress the Marriages of Priests, contrary to the Canons of the Council of London. Anno 1102. For the extirpation of which evil, the King Regali authoritate atque; potentia fultos roboravit, by his royal Authority and power ratified those Canons, and thereupon Anselmo Archbishop of Canterbury, Thomas elect Archbishop of York, and all the Bishops of England, Decreed in the presence of the said Glorious King Henry, Assensu omnium Baronum suorum, with the assent of all his Barons, that Priests and Deacons should live chastely and keep no Women in their Houses; but those who were of their near kindred, as the Council of Nice had defined; this Canon being ratified both by the King and Peers in Parliament to make it obligatory. In these three Councils under Archbishop Anselm (a great stickler for the Popes and Clergies Ecclesiastical Jurisdiction) we see the King and great men of the Realm were present, and ratified the Decrees and Canons therein concluded to make them valid and binding.
Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdom to meet together at his Court, whereupon a rumour was spread over all the Land, that the Archbishop of Canterbury was about to celebrate a general Council (in presence of the Popes Legate) and that he would promulge some new things, worthy so great a Council, for the reformation of Christian Religion in every order: On the sixteenth of October they all met together in the Kings Palace at Westminster, where the multitude which assembled together, at last perceived, that the tumour of celebrating a Council, and of the [ 11] reformation of Christianity was nothing so. There Anselm in the behalf of the Pope, brought a letter directed from him to the King and Bishops, wherein he taxeth the King for conferring Bishoprics (claiming that right, as belonging to Peters See,) for determining Ecclesiastical matters, and the affairs of Bishops, without his or his Legates privity, which belong only to the Apostolic, Sea; for stopping appeals to Rome, as also for calling and keeping Synodal Councils without his privity, when as it was unanimously ratified in the great council of Nice consisting of 318 Bishops, that no Councils ought to be summoned or kept without the privity of the Bishop of Rome: and for translating Bishops without his consent. Which letters much offending the Kings mind, he sent his Nuntioes by common consent, to Rome, to give the Pope an answer, and justify his proceedings herein, as warranted by his Royal Prerogative.
The same year upon the thirteenth of April, there was an Assembly [ 12] held at Salisbury, of the Bishops, Abbots, and great men of all England, the Kings Writ compelling them to appear there: where the King appointed William his son, lawfully begotten, to be heir to the Crown, to which all the Nobles condescended, and presently took an oath of Allegeance to him, to be his men: But the Bishops and Abbotts swore only and gave their faith, that if he survived his Father, they would forthwith confer both the Kingdom and Crown of the Kingdom on him without any controversy or exception: In August following one Anselm the Archbish. of Canterburyes kinsman came from Rome to King Henry, being then in Normandy, bringing the Popes Letters, which authorized him to exercise the Office of the Popes Legate, here in England: which in a short time being known in the Kingdom of England, the Bishops, Abbots, and Nobles admiring at it, assembled together at London about it, and certain other things, (the Queen being present) to discuss the matter, Communi Concilio, in a common Council: whereupon they all accorded, to send the Archbishop of Canterbury, whom it most concerned, to the King, to acquaint him with the ancient custom of the Kingdom, and the liberty thereof; and if he thought fit, that he should go likewise to Rome to annihilate This Novelty. Who coming accordingly to the King, found Anselm there expecting his passage into England, to exercise his Legatine office there. But King Henry (the first) not suffering any prejudice to happen to the ancient Customs of England, kept him from entering into England, & that not without presidents: For in the first year of this Kings Rain Guido Archbishop of Vienna came into England, having (as he said) the power Legatine of all England, by the precept and authority of the Apostolical See: which being heard of throughout England, was admired by all men, all knowing, that it was a thing unheard of in Britain, that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolical turns. Wherefore as he came, so he returned, being received as a Legate by no man, nor exercising the Office of a Legate, in anything. After this, one Peter having obtained from the Pope a power Legatine over England, Ireland, France, and the Island of the Orcades, at the same hereof all England was astonished; the King sent the Bishop of Saint David's, and another Clergy man beyond Sea to conduct him to him, enjoining them, that after his entrance into England, they should not suffer him to enter into any Churches or Monasteries to lodge or eat: Being brought to the King, and honourably received by him, having declared the cause of his coming, the King answered him, that he had now no leisure to mind so great a business, and that his Legatine power could not
In the Council of Westminster under John de Crema (the Popes lecherous Legate, Ann. 1125.) there were 17. Canons made, & ab omnibus confirmata, and confirmed by all there present: to wit by 20. Bishops, 40. Abbots, Cuminumera Cleri & Populi multitudine, with an innumerable multitude of the Clergy and people, who were present at it: as the Continuer of Florentius Wigorniensis records, Among other things it was there decreed, that Priests should not from thence forth marry: That no married man should be made a Priest, and that those Priests who were married, should be either devorced from their wives or deprived of their livings; John de Crema there alleging. That it was an unseemly thing for a Priest to rise up from the side of an Harlot (so he called Priests wives) and to go and to make the body of Christ. The Priests being much incensed at these Constitutions, and very angry with this Legate the chief Author of them, knowing him to be a leacherous companion, watched him so narrowly, that the very same night these Canons were ratified, though himself had that very day consecrated the Sacrament, and so made the body of his Savior (as he thought) they took him in bed with a notable Where. In excuse of which fault of his (which was very public and notorious) he said, that he himself was no Priest, but a corrector of Priests, (he might better have alleged, if his own reason were good, that he did it after he had consecrated and made Christ's body, not before it:) and so he departed privily 〈◊〉 of England with shame, the Priests by this means keeping their Wives for a time, alleging that it was better for them to lie with their own Wives, then with Wheres, or other men's, as this lecherous Legate did.
In the year of our Lord 1127. William Archbishop of Canterbury, by King Henry the first his assent, called a Council at Saint Peters in Westminster of all the Bishops, Abbots and religious Persons of England: there flocked thither also, * Magnae multitudines Cloricorum, Laicorum, tam divitum quam mediocrium & factus est Conventus grandis et inestimabilis, saith the Historian; Somethings were there debated, some things determined, some things adjourned, some things by reason of the tumult of the raiging people cast out from the Audience of the Judges, but those things which were there decreed and established in the [ 14] Council it self by the consent of the Bishops, At they were there publicly Recited and received: I thought good (saith he) to note in this manner: Then he reites the Canons and constitutions of this Council, and conclude thus: Auditis Concilii gestis consensum prebuit, authoritate Regia et potestatate conceffit et confirmavit Sta • ta Concili, &c. Having heard the Acts of the Council read the K. assented to them, and by his regal authority and power passed and confirmed the statutes. (or Canons) of the Council; celebrated by William Archbishop of Canterbury, and Legate of the holy Church of Rome, at Westminster. [ 15]
Anno 1138. King Stephen on the fourth of April held a Council at Northampton, in which • urstlain Archbishop of York was Prefident, the Prelates, Abbotts, Earls, Barons, and all the Nobility of England, being present at it, The Bishopric of Exeter then void by the death of William Warwast, one Robert an Arch-deacon was elected Bishop of that See, by the consent and suffrage of the Council, which likewise nominated and chose two Monks to be Abbotts of Wincelcombe, and of Saint Mary's in York, being then vacant.
The same year there was a Council held at London, wherein, Theobald was [ 16] chosen Arch-bishop of Canterbury, Annuente Rege, by the Kings consent.
Anno 1139. There was a Council kept at Winchester under Henry Bishop of Winchester, the Kings Brother and Legate to the Pope, where Theobald Archbishop of Canterbury and all the Bishops there present, ad pedes Regis devoluti sunt, &c. cast themselves down at the Kings feet, most devoutly [ 17] and earn estly beseeching him,
In the year of our Lord 1142. William Bishop of Lincoln, as some record [ 18] or, William, or Henry Bishop of Winchester as others calhim, held a Council at London, at which King Stephen was present; where in it was decreed, et Generaliter constitutum, and generally ordained. That he who violated a Church or Churchyard, or laid violent hands on any Priest or Religious person; should be excommunicated, and not absolved, but by the Pope. The King, (writes Nubrigensis) Concilio Benigne interfuit, et favoris Regij Suffragium non negavit, was graciously present at the Council, and denied not the suffrage o • his royal savor to its constitutions; which without his confirmation had been of no validitle. By virtue of which constitution ratified in this manner If any laid violent hands on a Priest or Religious Person, he might sue in the Spiritual Court to have him excommunicated, and do penance for it, but not for damages, and no Prohibition could legally be granted to stay the proceedings there.
Anno 1152. There was a Synod held at London under Theobald Archbishop of Canterbury. In which King Stephen with Eustace his Son were present: The King required the Synod, to consent to create Eustace King, to which they could not be brought, being inhibited by the Popes Letters, and mandate to do it. Therefore the King and Eustace incensed with anger, shutting them in and befieging them, did evermuch vex, and disquiet them, that they might effect that by fear and terror which they could not do by authority and favor, And soe most of them were reduced to the Kings beck. But Theobald the Archibishop [ 19] departing privity and most craftily out of the Synod, carried through the Thames in a Boat to the Sea side entered into a ship and passed into the parts beyond the Sea, with whose departure the King being much more disturbed, banished him again with others, and confiscated all his goods.
[ 20] Anno 1159. There was a great Schism at Rome between Pope Alexander and Victor, concerning the Papacie, hereupon Frederick the Emperor assembled by his Writ the Bishops of Italy and Germany together to Papia, to
[ 21] An. 1170. at the request of King Hen: the 2d. two Cardinals, Albert, and Theodine were sent into France from Rome, who having called a great Assembly of Ecclesiastical persons and Noblemen within the Teritorries of the King, of England, they solemnly admitted the King to purge himself before them of the murder of Thomas Becket Archbishop of Canterbury, which purgation the King there made, and submitted himself naked to Ecclesiastical discipline.
Anno 1175. Richard Archbishop of Canterbury kept a great Council [ 22] at Westminster, to which almost all the Bishops and Abbots of the Province of Canterbury came, Et coram pranominatis Regibus, and before King Henry the second, and King Henry his Son, and the Bishops and Abbots; Richard Archbishop of Canterbury standing in an high place, promulgated certain Decrees & Canons, concerning Clergy-men, the Eucharist, Tythes (recorded by Howden) to be firmly and inviolably observed by all his Provincials; so that both the Kings assented to them, though they were but Collections of some Decrees out of former Councils. [ 23]
In the same year King Henry the Father called another Council at Windesore eight days after Michaelmas; Praesentibus Rege & Filio, the King and his Son being present. Richard Archbishop of Canterbury, with the Bishops of England, and Laurence Archbishop of Dublin, Praesentibus etiam Comitibus & Baronibus Angliae, the Carles and Barons of England being also present. In which Council (being a mere Parliament) there was a general Concord made between King Henry the second, and Rodericke King of Conact in Ireland, and the King in that Council gave the Bishopric of Waterford to one Augustine an Irishman, whom he sent to Donatus Archbishop of Cassels to be Consecrated.
[ 25] Anno 1176. Hugo Cardinalis (Howden stiles him Hugozun) the Popes Legate by the Kings permission and assistance called a general Council at
[ 26] Anno 1226. there was a Synod held at London under Otho the Popes Legate where the King, with the Clergy. & Magnatibus Regni, and the great men of the Kingdom assembled, with many Bishops, Priests, & La • corum Turbis and Troops of Laymen: when they were all assembled. Otho read the Popes letters to them before them all, in which the Pope alleged, that it was a most ancient scandal and reproach to the Church of Rome, that she was branded for covetousness the root of all evil, and in this especially, that no men could expedite any business in the Court of Rome, unless by disbursing great sums of money, and giving store of gifts; but because the poverty of the Church of Rome was the cause of this scandal and infamy, her natural sons ought to relieve the want of their Mother; for unless we should receive gifts from you, and other good and honest men; we should want necessaries to supply our lives, which would be altogether incongruous to the Roman dignity; Therefore utterly to root out this scandal, by the Council of our Brethren, the Cardinals of the holy Church of Rome, we have provided a certain form, to which if you will consent, you may free your Mother from scandal, and obtain Justice in the Court of Rome without giving any bribes. Now the form provided is this; First of all, we desire two Prebends to be given us by all Cathedral Churches, and out of Abbeys, where the Monks and Abbots have divers portions, of each one Monks entire allowance, one from the Covent, another from the Abbott: which demand Otho urged the Bishops and Prelates to grant on the foresaid grounds: Who consulting together hereupon returned this their common Answer by John Archdeacon of Bedford; That those things he had propounded to them did specially concern the King of England, and generally all the Patrons of Churches, Archbishops Suffragans, and Prelates of England, since therefore the King was then absent by reason of his infirmity, and some Archbishops, Bishops and other Prelates were absent likewise, that in their absence they neither could nor ought to give any Answer. And upon these words uttered, came John Lord Marshall of England and other Messengers from the King, strictly commanding all what held Baronies of the King in Capite, that that they should not oblige their lay Fee to the Church of Rome, whereby he might be deprived of the services [ 27] due unto him. And so all returned to their own home.
The same year, there was another Council assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter; To which the King conferring a part with some of the Nobles and Bishops, gave this Answer, that these things concern all Christendom, & because we are placed in the remotest parts of the world, when we shall see what other Kingdoms will say to these exactions, and shall have an example from them, the Pope shall find us more ready to obey him. And so this Council brake up. By both which presidents, it is evident, that Councils in those days were no other but Parliaments, the King, Nobles, and Commons being present in them, and that the Clergy alone could treat or conclude of nothing but by their concurring assents.
Anno 1231. There was a great Synod of Abbotts, Priors, Archdeacons with [ 28] almost the whole Nobility, Masters and Clerks of the Realm, assembled at Saint Albans by the Popes Command, to celebrate a divorse between the Countess of Essex and her Husband, if there were cause: This divorse was but an Ecclesiastical matte • as the Canonists deemed it, yet both King, Nobles, and Commons, as well as Abbots and Clergy-men were present at it, and called to it by the Popes command.
In the year of our Lord 1236. there was a Council of all the great men, [ 29] Prelates and Clergy of the Realm summoned to meet at London by King Henry the third, under Othe the Popes Legate, which being assembled together at Paul's, the second day thereof the King sent John Earl of Lincoln, John the son of Jeffery, and William de Reele a Canon of Paul's, to inhibit the Legate in the behalf of the King and Kingdom, that he should not there Attempt or decree anything against his Royal Crown, and dignity. William Reele remained there to see this inhibition observed, the others departed. The next day following, the Legate supported with divine assistance & astantis concilij Suffragits et consensu and by the suffrages and consent of the Council there present, to conserve and reform the State Ecclesiastical in the parts of England, besides other Canonical institutions promulgated certain Canons digested into Chapters and Articles, which Edmond Archbishop of Canterbury, with divers others who departed from the Council with little joy, resolved to nullify and revoke, (as not confirmed by the King the Lord's and Commons for ought appears) which Otho understanding, writ to the Pope to ratify them, who accordingly did it by his decretal Epistle.
Anno 1288. John Peckam Archbishop of Canterbury held a Provincial [ 30] Council at Redding: in which he made five Constitutions, purposing to draw the conusance of Patronages of Churches anciently belonging to the Kings Court, to the Ecclesiastical, to rescinde all Royal Prohibitions in suites depending in the Ecclesiastical Court for goods and Chattels, and to inhibitu that Ecclesiastical Judges should be thenceforth prohibited to proceed in them. But the King hearing of this design, sent certain selected messengers both to the Archbishop and the whole Council, commanding them with threats to resist, whence it came to pass, [ 31] that the Archbishop wholly receeded from his presumption, and the Council being dissolved, all the Prelates returned frustrate of their hope.
31. An. 1296. Robert Winchelsee Archbishop of Canterbury held a Provincial Council at London, where the Clergy to disapoint the King of his Subsidies and Tenths; decreed among other things, Ne quid inconsulto Papa Regibus a Clero solveretur; That nothing should be paid to Kings without the Popes privity and consent. A right loyal Constitution worthy Prelates. The King having then called a Parliament to re-inburse his monies spent in the Scottish Wars; had a large Subsidy granted him by the Commons and Burgesses: But the Clergy neither offered, nor granted him anything by reason of this their Constitution; for confirmation whereof, the Archbishop had gotten the Popes Bull; The King being moved therewith, proroged the Parliament to London, commanding the Clergy to be there on the first day of Saint Hilary, to give him a better answer; The King in the mean time commanded all the Clergy men's Barns, which were full of corn, to be sealed up with public Seals; which whiles his Officers were executing, the Archbishop commanded the Popes decree to be published in Cathedral Churches; inhibiting under pain of Excommunication, that no Tribute or aid should be paid to the King, or to any secular Prince out of Ecclesiastical livings or revenues (an high strain of Papal usurpation and presumption:) and when he and his Suffragans met in Paul's, they resolved to stand to their former Constitution, and to grant the King nothing. (Such dutiful good Subjects were these lordly Prelates.) Whereupon the King sending messengers to them, to demand a supply from them, they all return him this answer; It is sufficiently known that under God the Lord of all we have two Lord's; a spiritual, the Pope our Lord, and a temporal the King our Sovereign: and though we are bound to obey both, yet we ought to obey our spiritual Lord more than our temporal. And therefore we intend to send a Legate to the Pope, that his leave first obtained, we may give the King what he desires of us. The King receiving this answer, took it very disdainfully, that he should be thus mocked in his own Kingdom by the Pope and his Clergy; and thereupon thrust the Clergy out of the Parliament, and held a Council with his Barons and Commons alone, and presently put all the Clergy out of his protection, that none of them should have power to sue any man in any of his Courts, but might be sued there by any of his subjects; upon which all the Clergy but the Archbishop, were content to offer the King the since part of their Ecclesiastical goods, and the Archbishop persisting in his obstinacy, had all his temporalities, goods, Chattels seised into the Kings hands: Who yet would not yield, but pronounced them all excommunicate, who disobeyed the former constitution, which being made only by the Clergy, and not ratified by King and Parliament, was held but a mere idle nullity, and audacious disobedient attempt, obliging neither King nor subject.
[ 32] Anno 1418. A Provincial Synod was held at London under Henry Chichely Archbishop of Canterbury: Where upon the motion of Robert Guilbert President of Merton College in Oxford, and of Thomas Kington, it was decreed;
As high as we have any Acts of Parliament since the Conquest remaining on Record, We find all Ecclesiastical matters, and Church affairs settled, and ratified by special Acts of Parliament only, not by the Clergies Canons.
The great Charter of England, first granted by King Henry the first, ratified afterwards at Runing-Mead by King John, revived by King Henry the third in the ninth year of his Rain, (confirmed frequently by him afterwards; by King Edward the first, in the 28th year of his Rain, yea, by all or most of his successors, in special Acts of Parliament, by the Petition of Right: 3. Caroli;) begins thus,
An. 1164. In February there was a Parliament held at Clarindon, by King Henry the 2d. his command, who was there present; where all the Archbishops, Bishops, Abbotts, Priors, Earls, Barons, Nobles, and great men of the Realm, made a Recognition or Recerd of part of the Customs and Liberties of the Kings Ancestors; to wit, of King Henry the first, and others, which ought to be observed and kept by all men in the Realm, by reason of the dissention, and discords frequently emerging between the Clergy, and the Kings Justices, and great men of the Realm: the substance whereof was contained in these 16. Chapters recorded by Matthew Paris.
13. If any of the Nobles of the Realm shall deny to do Justice to any Archbishop, or Bishop, or Archdeacon concerning him or his, our Lord the King ought to do them Justice. And if peradventure any shall deny to our Lord the King his right; the Archbishops, Bishops, and Archdeacons ought to admonish him, that he may satisfy the King.
14. The Church or Churchyard ought not to detain the Chattels of those who are in forfeiture of the King, against the Justice of the King, because they are the Kings own, whether they be found within or without the Church.
15. Pleas of Debts which shall be due either by interposition of an oath, or without oath, are in the Justice of the King (that is, triable in the Kings temporal Courts.
16. The Sons of Peasants (or Villanies) ought not to be ordained (Priests) without assent of the Lord, in whose land they are known to be borne.
To this Recognition or Record of the Customs and Liberties of the Realm, the Archbishops, Bishops, Abbots, Priors, Clergy, with all the Earls, Barons, and Nobles swore, and firmly promised viva voice, in the word of truth, that they would keep and observe it to our Lord the King and to his Heirs, bona fide and without male engin forever. His itaque gestis, potestas Laica in res & personas Ecclesiasticas, omnia pro libitu, Ecclesiastico jure contempto, tacentibus aut vix murmur antibus Episcopis, potius quam resistentibus, usurpabat; writes Matthew Paris. Whereupon Thomas Becket then Archbishop of Canterbury, repenting of his oath to observe them, humbled and afflicted himself exceedingly with fasting and corporal pennace, yea he suspended himself from the office of the Altar, until the Pope absolved him from his pretended offense and oath, which he readily obtained: After which Becket resusing to conform himself to the King and these Laws he had sworn to, departs secretly without the Kings license into Flanders, and from thence repaired to Pope Alexander at Sennes, who courteously entertained him; and refused the demands of the Kings Ambassadors, to do him justice against Becket, or to confirm these Laws and ancient Customs of the Realm. Whereupon the King sent this ensuing Writ to every Sheriff of England, Praecipio tibi, quod si aliquis Clericus vel Laicus in Baliva tua, Romanam curiam appellaverit, eum capias, & firmiter teneas, donec voluntatem meam praecipiam, & omnes reditus Clericorum Archiepiscopi & possessiones saiseas in manum meam. Et omnium Clericorum qui cum Archiepiscopo sunt, Patres, Matres, Fratres, & Sorores; Nepotes & Neptes, pones per salvos plegios, & catalla eorum, donec voluntatem meam inde praecipiam. Et hoc Breve tecum afferas, cum summonitus fueris Gilberto quoque que Londonensi Episcopo scripsit in haec verba. Nosti quam male Thomas Cantuariensis Archiepiscopus operatus est adversum mo & regnum meum, & quam male recesserit; Et ideo mando tibi quod Clerici sui, qui detraxerunt honori meo & regni, qui circa • psum fuerunt, post fugam suam, non percipiant aliquid de reditibus suis quos habuerunt in Episcopatu tuo, nisi per me, nec habeant aliquod auxilium vel consilium a • te, Item Justitiariis suis significavit per literas sub hac forma. Si quis inventus fuerit ferens literas Domini Papae vel mandatum, aut Thomae Archiepiscopt, continens interdictum Christianitatis in Anglia, capiatur & retinetur, donec inde voluntatem meam praecipiam; Item, nullus Clericus, Monachus, Canonicus vel conversus, vel alicujus religions transfretare permittatur, nisi habeat Literas de reditu suo, Justitiarii vel nostras: Si quis aliter inventus fuerit, capiatur & retineatur, Nullus appellet ad Papam, neque ad Thomam Archiepiscopum, neque aliquod placitum ex eorum mandato teneatur, neque aliquod mandatum eorum in Anglia recipiatur, & si quis tenuexit, vel receperit, vel tractaverit, capiatur & retineatur; Si Episcopy, Abbates, Clerici, vel Laici sententiam interdicti tenuerunt, sine dilatione a terra eijciantur & tota eorum Cognatio, Ita quod nihil de catallis suis secum ferant, sed catalla eorum & possessiones in manu nostra saisiantur; Omnes Clerici, qui reditus habent, in Anglia, sint summoniti per omnes comitatus, ut infra tres Menses praecise ad reditus suos, sicut diligunt eos & amant, in Angliam redeant. Et si ad terminum praefixum non venerint, reditus eorum in manu nostra saisiantur. Episcopt Londoniensis & Norioensis summoneantur, quod sint eoram Justiciariis Nostris ad rectum faciendum, quod contra Statuta Regni, interdixerunt terram Hugonis Comitis, & in ipsum sententiam Anathematis intulerunt Denarii beati Petri colligantur, & serventur, quousque inde vobis Dominus Rex voluntatem suam praeceperit, Ecclesiam praeterea Cantuariensem, & omnia bona Archiepiscopi Rex, et suorum, consiscari praecepit. Et quod in nullius historiae legitur serie, totam ejus congnationem exilio ascriptam addixit, sine delectu conditionis, sexus aut aetatis. Et cum Ecclesia Catholica, oret pro haereticis, schismatieis & perfidis Judaeis, prohibitum est a Rege, ne quis Archiepiscopum, orationum suffragiis adjuvaret. Such Ecclesiastical jurisdiction did the King then exercise.
To what an unfortunate end this opposition brought this Archbishop Becket, our Historians at large record, and I have else-where manifested.
In King Henry the 3. his Raign, I find these several printed Acts of Parliament made concerning the Church, Bishops, Abbots, Clergymen, and Ecclesiastical affairs, which you may peruse at pleasure. 9. H. 3. c. 1. 5. 18. 31. 33. 36, 37. The Charter of the Forest, 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris.
In King Edward the first his Rain there were these Acts to like purpose. 3 E. 1. (which begins with this Prologue, Because our Soveragine Lord the King had given power to redress the State of the Realm, &c. for the common profit of holy Church, and of the Realm. And because the State of holy Church hath ever been kept, &c.) c. 1, 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Mor • main: 13. E. 1. c. 5. 19. 29. 31, 32, 33. 41, 42, 43. 48. Circumspecte agatis 13 E. 1. (commonly called a Statute, though 19 E. 3. Fitz. Jurisdiction 28. it be adjudged none.) The Statute upon the Writ of Consultation: 24 Ed. 1. The confirmation of the Charters of the Liberties of England. 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons. The Statute of Carlisle 25. E. 1. (See Cooks 5. Report of the Kings Ecclesiastical Law, f. 13.) 34. E. 1. c. 6.
In King Edward the seconds days, I meet with the Statute of A • ticuli Cleri. 19 E. 2. which wholly concerns the Clergy, their Courts, Tythes, Rights. The Statute de Prerogativa Regis c. 1. 8. 10. 14, 15. and Articles against the Kings Prohibition.
In King Edward the third his Regency, I find very many Statutes concerning the Clergy, and all kind of Church affairs; as namely, 1 E. 3. Stat, 2. c. 10, 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat. 1. c. 1. 17. and stat. 3 made for the Clergy, the Prologue, and c. 1, 2, 3, 4, 5. 15 E. 3. stat. 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat. 3. for the Clergy, c. 1, 2, 3, 4, 5, 6, 7. 23 E. 3. c. 8. 25 E. 3. stat. 3! for the Clergy, c. 1, 2, 3, 4, 5, 6, 7, 8. 25 E. 3. stat. 6. of Provisions, 27 E. 3. stat. 1. c. 1. of Provisions. 28 E. 3. c. 14. 31 E. 3. stat. 1. c. 4. 11. 13, 14. 36 E. 3. c. 8, concerning Priests Salaries &c. 38 E. 3. stat. 2. against provisors and Appeales to Rome, c. 1, 2, 3, 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4, 5. To which I shall add only this observation, That the prologues to the statutes of 1 E. 3. stat. 2. 2 E. 3 stat. 3. 28 E. 3. 38 E. 3. stat. 1. and 50 E. 3. with others, begin thus. To the honor of God, and of HOLY CHURCH, and redress of the oppressions of the people, &c. these ensuing Acts were made & granted: to testify, that even in those days our Parliaments first began with matters of God and the Church, and settled them by Laws as there was occasion, and then proceeded to temporal matters and grievances: the very Statute of Magna Charta, having the same prologue wherein you may discern this method pursued, and in most subsequent Parliaments. I shall add to these printed Acts 6 E. 3. num. 5. prohibiting Bishops to meddle in matters of the peace. 45 E. 3. num. 15. removing Bishops from all temporal Offices, 50 E. 3. num. 99. 103. complaining against popish Cardinals. 40 E. 3. num. 7, 8. a notable Record against the Popes claim to the Kingdom of England, by virtue of K. Johns grant. 17 E. 3. num. 59, 60. 18 E. 3. num. 59, 60. 38 E. 3. num. 7. 50 E. 3. num. 85. 87, 88. complaining against, yea restraining the Popes exactions and usurpations as the cause of all plagues. 50 E. 3. num. 46, 47. complaining against the Canons of the Clergy, and 47 E. 3. num. 24. against Ordinaries encroaching upon the civil Jurisdiction.
To proceed to King Richard the second, the Statutes in the first year of his Rain have this Preface. Richard by the Grace of God, &c. Know that to the honor of God, and reverence of holy Church, for to nourish peace unity and concord in all the parts of the Realm, &c. We have ordained and established certain Statutes, &c. First it is agreed and established, that holy Church shall have and enjoy all her rights, liberties, and franchises wholly and without blemish. &c. The confirmation of Magna Charta with other temporal Laws next follow; & then c. 13, 14, 15. three Laws for paying of Tythes, and freeing Clergymen from arrests during their exercising of divine Service. The second Parliament in • . Rich. 2. hath the like prologue; To the honor of God and holy Church, cap. 1 confirms the franchises & liberties of the Church: 3. R. 2. C. 1 doth the like & c. 3. is a Statute against Provisions from Rome, to avoid Nonresidency, to provide for instruction of the people by preaching, and reform many abuses in the Church occasioned by provisions, made at the complaints, clamors and divers Petitions of the Kings Liege people delivered in divers Parliaments, to reform these abuses, 5. R. 2. cap. 1. hath the like preface, c. 1. confirms the Churches liberties, 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppress haresies, and Errors, contrary to the Christian faith, and to imprison haeretickes and erroneous Preachers, till they justify themselves according to the Law and reason of holy Church. 6 Rich. 2. Stat. 1. hath the like prologue, and c. 1. Ordaines and accords, that our holy Mother the Church of England have all her Liberties whole and unhurt, and the same fully enjoy and use. 7 Rich. 2. hath the same prologue, c. 8. the like confirmation of the Churches privileges, and c. 12. prohibits Provisions from Rome. 8 Rich. 2. hath the like preface, and enacts in the first chapter. That holy Church have all her liberties, 9. R. 2. c, 4. 5. concerns Ordinaries, Priors dative, and perpetual, and Priests, 10. R. 2. c. 1. saves pontifical dignity, and privilege of holy Church, and clears all in all things aforesaid, 11. R. 2. c. 3. declares, that Bishops ought not to be present or voting in Parliament in matters of blood, 1. 2. R. 2. c. 1. confirms the Churches liberties Chap. 7. exempts pilgrims from the punishments of Vagrants and c. 15. prohibits Provisions from any foreign power, 13. R. 2. recites, That the acts therein passed were to the honor of God and holy Church: &c. and c. 13. prohibits hunting on holy-days, and Priests to keep Dogs, who have not livings to a certain value c. 18 concerns the Bishop and Dean of Lincoln, and c. 29. Pilgrimes, 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops, and all other ecclesiastical dignities elective, and prohibits provisions, usurpations, citations, and Bulls of the Pope and Court of Rome under pain of a Praemunire, banishment, abjuration; Imprisonment, Fine and ransom, 14. R. c. 2. Limits the exchanges of monies to the Court of Rome, 15. R. 2. c. 2. 6. concerns forcible entries into Benefices, & Offices of holy Church, mortuaties to Religious persons, Popes Bulls, consecrations of Church-yeards and Appropriations of Churches, and Alms, 16. R. 2. c. 5 provides for presentations to Churches, against the Popes usurpations, Translations excommunications, Bulls, and Jurisdiction, under pain of a Praemunire, 21. R. 2 it prefaced: To the honor of God and holy Church: and c. 1. confirms the Churches Liberties.
In King Henry the 4th. his Parliaments, I find, that the Prologues of the Statutes in 1. • . 4. 7. 9. and 13. H. 4. begin thus; To the honor of God and reverence of holy Church, &c. and the first Chapter in each of them is. That holy Church have and enjoy all her rights, liberties, and Franchises, entirely, and without imbleamishing. Then follow temporal Laws. 2. H. 4. c. 3. 4. prohibits provisions of exemption from regular or ordinary obedience, granted to any religious persons from Reme, & Bulls of exemption from payment of Tithes granted to the Religious of the Order of Cysteaux, under pain of a P • amunire: and Cap. 15. provides for the suppression of Sectaries, heretical Preachers, Conventicles, heriticall Books, Schools, and preservation of the Catholic faith: enacting, that Heritickes shall be imprisoned, abjured and in case of relapse, or obstinacy, burned, 4. H. 4. c. 2. 3. confirm all the Statutes formerly made in favor of the Church and Clergy, and for preservation of their liberties Cap. 12. concerns appropriations of Churches, Vicaridges, Ordinaries, the Bishop and Archdeacon of Eli, and other Religious persons, cap. 14. prohibits working or wages on holy-days, Cap. 17. enacts; that none shall enter into Religion unless he be fourteen years of age without the Parents consent Cap. 22. concerns presentations to Benefices 5. H. 4. c. 11. 12. concern Tithes, Chalices, and ornaments of holy Church, 6. H. 4. c. 1. prohibits provisions and the payment of first fruits, or exacted fees to Rome, under forfeiture of all their estates who offend herein, 7. H. 4. c. 6. inhibits Religious persons under pain of a Praemunire, to procure any exemption from payment of Tithes or any provisions from the Pope, 9. H. 4. c. 8. forbids provisions and translations from the Pope under pain of a Praemunire, and makes all elections of Archbishops, Bishops, Abbots, Prebends & Deans to be free, without any interruption from the Pope or King. 11. H. 4. c. 4 Prohibits unlawful games on Sundays, and other holy days.
1. H. 5. c. 7. 8. prohibits the conferring of Ecclesiastical living upon Aliens, and orders their benefices and the lands of Priors aliens to be seised in times of War, 2. H. 5. c. 1. provides for Ordinaries visitations of Hospitals, and reformation of them after the laws of the holy Church: Cap. 3. grants a prohibition to spiritual Courts, where they deny a Copy of the Lible, Chap. 7. for the preservation of the Christian faith, the Law of God and holy Church with in this Realm, and the punishment of Heresies and Heretics enacts, that Heretics shall be apprehended and imprisoned by Sheriffs, and upon conviction of Heresy, forseit their Lands and goods, and be burned. 2. H. 5. Parl. 2. c. 2. limits the wages of Curates and Parish Priests, 3. H. 5. c. 1. enacts, that holy Church have all her liberties and franchsies C. 3. concerns Abbots and Priors, C. 4. inhibits provisions from Rome under a Premiarie, C. 8. concerns Probate of Wills and r • gulates exorbitant fees for procuring them, C. 6. forbids the promotions of Irishmen to Beneficies or Ecclesiastical dignities, 9. H. 5. c. 9. limits the manner of collecting Dismes by Archbishops, Bishops and their Agents.
2. H. 6. c. 1 confirms the Churches liberties 6. H 6. c. 3. prohibits work on, and wages for holy days, 8. H. 6. begins thus. To the Laud and honor of Almighty God, and of the holy Mother the Church, Ch. 1. provides for the privileges of the Convocation, 10. H. 6. c. 11. limits how Bastardy shall be tried between the Common and Canon Law, which differ therein: 15. H. 6. c. 7. concerns Abbots and Priots, 27. H. 6. c. 5. prohibits Fairs and Merkets upon Sundays and principle holy days, as a great profanation of them, 28. H. 6. begins, To the honor of God and of holy Church, 33. H. 6. c. 6. concerns the exemption of the Abbot of Founteynes, and other Abbots and Priors, from Vexations suits.
1. Ed. 4. is prefaced. To the honor of God and of holy Church, C. 1. contains in it many particulars concerning Bishops, Abbots, and Clergymen, 3. E. 4. hath the same prefaced, and 12. E. 4. c. 7, prescribes excommunication 4. times a year to be denounced against the infringers of Magna Charta, as other Acts formerly did
King Richard the 3d. prefaceth the Acts of his first Parliament in his 1. year thus. To the honor of God and of holy Church, c. 14. limits the manner of collecting the Clergies Dismes.
King Henry the 7th. begins his Statutes in the 1. year of his Reign; To the honor of God and his holy Church: and Cap. 4. enables Archbishops, Bishops, and other Ordinaries to imprison Priests, Clerks, and Religious persons for incontinency, which they could not do before; The Statutes of 2. 4. 11. 12. & 17. H. 7. (as their Prologues attest) were made, to the worship of God and holy Church, and for the common good of this Realm.
The Statutes of An. 1. 3. 4. & all or most Parliaments in the Regine of King Henry the 8th. are prefaced. To the honor of God and holy Church, and for the Common Weale and profit of this Realm: In the Parliament of 21. H. 8. C-3. 4. 13. there were Statutes made concerning Probat of Wi • s, taking of mortuaries by Priests or others, against Pluralities of Benefices, and taking of farms by spiritual men, All of Ecclesiastical Cognisance, 22. H. 8. c. 15. contains the Kings general pardon to his spiritual Subjects, who were fallen into a Praemunire, by submitting to Cardinal Wolsies power Legatine, 23. H. 8. c. 1. abridgeth the power of Ordinaries and takes away the benefit of Clergy in some cases: ch. 9. enacts: That no man shall be cited into any ecclesiastical Court, out of the Diocese wherein he dwells, unless in certain causes, ch. 10. settles the Law concerning feofements and assurances to the use of any Parish-Church or Chapel 24 H. 8. ch. 12. takes away all Appeales to Rome, and excellently sets forth the Kings supremacy as well in and over Ecclesiastical causes and persons, as temporal (as you may read at large in the Act it self) denying, exploding the authority of the Pope and Sea of Rome, 25. H. 8. c. 14. contains a Law for the punishment of HERESY and HERETIQVES. limiting the manner of proceeding against them, defining what shall be heresy, how it shall be punished, and abridging the Authority of the Bishops and Canon Law, ch. 16. concerns Pluralities, ch. 19. contains the submission of the Clergy & Convocation to the King; declares the Kings supremacy in causes Ecclesiastical, the impotency of the Clergy, or Convocation to make or promulge any Canons, or Ecclesiastical constituti • ns, or to debate anything in Convocation without his Royal Lycence and approbation: The Nullity and invalidity of the Canon Law: abolisheth all appeals to Rome; and Authorizeth 32. persons, whereof half to be of the Clergy, the other half of THE LAITY, to survey the Canon Law, and to compile a body of the Canon Law to be authorized by the King under his Great Seal by virtue of this Act, for to be the only Canon Law, to be used within this Realm, Chap. 20. takes away the payment of any Annates o • first fruits to the Bishop of Rome, nullifies his usurped power, and Bulls settles the form of electing and consecrating Archbishops and Bishops within this Realm, and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiastical affairs, chap. 21. doth the like: exonerating the Kings Subjects from all exactions and Impositions heretofore paid to the Sea of Rome, and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realm, which were formerly granted at Rome only. The Statute is worthy perusal, consideration, fully demonstrating the power of the Parliament in Church affairs. 26. H. 8. c. 1. declares the Kings Highness to be supreme head of the Church of England under Christ, making it a part of his Royal Title, and to have Ecclesiastical authority to redress and reform all Errors, Heresies and abuses in the Church, punishable by any spiritual or ecclesiastical Law. Chap. 3. enacts; The payment of the first fruits of all Dignities, Benefices, promotions spiritual, and tenths to the King and his Heirs, abolishing the Popes usurpations and authority herein, ch. 13. abolisheth sanctuary in cases of High Treason. ch. 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realm, and both creates and limits their authority. chap. 15. takes away some exactions of spiritual men, within the Archdeaconry of Richmond, 27. H. 8. c. 8. limits, that the Kings spiritual Subjects shall pay no Tithes whiles they are in their first fruits ch. 15. authorizeth the King to nominate 32. persons half of the Clergy, the other of the Laity for the perusal and making of Ecclesiastical Laws, and manifests the Convocations invalidity to make such laws or Canons, ch. 19. Limiteth and abolisheth Sanctuaries, and sanctuary persons, ch. 20. contains an Order touching the paying of Tithes throughout the Realm: ch. 21. Limits the manner 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 ecclesiastical as you may read in the Act, worthy perusal ch. 11. enacts, Restitution of the first fruits in time of vacation to the next incumbent, ch. 13. compels spiritual 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 all manner 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 Bishoprics, 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 erroneous, and the Act too cruel and bloody 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. contains the punishment of incontinent Priests, and of women offending with them, ch. 12. concerns Sanctuaries and the privileges of Churches and Church-Yards, ch. 15. prescribes the manner of proceeding against Heretics, and impugners of the Act, for abolishing of enormious opinions in Christian Religion, chap. 23, 24. concerns Accounts of Bishops, and subsidies granted by the Clergy, chap. 25. Dispences the Kings marriage with the Lady Jane, chap. 24. Dissolves the Hospitals of Saint Johns of Jerusalem, 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 Christ's 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 punctual Act for the Kings and Parliaments Ecclesiastical 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 be sued; severing the Bishoprics of CHESTER, and Isle of MAN from the jurisdiction of CANTERBURY to the See of York: making the Church of Whitgate a Popish Church by it self, and severing it from the Parish of Over; (which I wish our Independents to observe, and to learn 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. entitled; 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 style, and Title of Defender of the Faith, and supreme head of the Church of England, and Ireland, ch. 6.
The Statutes made in King Edward the 6. his Reign are most punctual and pegnant evidences hereof; as namely, 1. Edw. 6. ch. 11. For administering the Sacrament in both kinds (therein proved necessary by sundry Texts of Scripture) and punishing such persons as shall unreverently speak against the Sacrament, with Temporal and Ecclesiastical censures. ch. 2. concerning the election and creation of Bishops by the Kings Letters Patents, and what Processe and Seals they shall use; declaring, that they have no Ecclesiastical jurisdiction but merely from the King, ch. 9. For uniting certain Churches within the City of York: ch. 12. which abolisheth Sanctuaries and Clergy in some cases, 2. and 3. E. 6. ch. 1. For the Uniformity of service, and the administration of the Sacraments throughout the Realm, ch. 13. For the true payment of Tythes, ch. 19. For abstinence from flesh, ch. 20. Concerning Recusants, ch. 23. For positive Laws made against the Marriage of Priests, ch. 23. The repeal of a Statute touching Precontracts of Marriage: 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 (half Clergy-men, and half Laymen) to peruse and make Ecclesiastical Laws, ch. 12. For the manner of Ordaining Ecclesiastical Ministers, and Consecrating Bishops, ch. 15. Against fond and fantastical 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-days, and Fasting days, ch. 4. Against fighting and quarreling in Churches and Church-Yards, ch. 12. For the lawfulness of Priests Marriage and legitimation of their children, chap. 13. Touching Religious persons, and c. 23. Against Usury. All these are clearly Ecclesiastical Acts, yet made by Parliament.
The Statutes in Queen Mary's Reign, (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: witness, 1. Mar. Parl. 1. Ses. 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Rain, and setting up Mass, and the old Liturgies again, chap. 2. Against Offendors of Preachers, and other Ministers in the Church, or Church-Yard, or interrupting them in their Sermons, or saying Mass, under pain of imprisonment, fines and Ecclesiastical censures, chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate. 1. Mariae, Par. 2. c. 1. Declaring, That the Regal power of this Realm, is in the Queens Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realm, chap. 3. Being an Act of Repeale of two several acts in the 7. year of King Edward the 6. touching the dissolution of the Bishopric of Durham, Chap. 9. Touching Ordinances, Rules, &c. in Cathedral Churches and Schools, 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 Apostolic of Rome since the 20. year of King H. 8. and restoring the Bishops with their Courts, offices, & the Pope himself to their former usurped jurisdictions in England; ratifying this Popes very Bulls, and dispensations to make them valid; and settling the whole affairs of the Church of England, chap. 9. 20. For the punishing of traitorous Sermons, and Prayers against the Queen, chap. 17. Concerning leases of some spiritual persons, and 2. and 3. Phil. and Mary, chap. 4. For the extinguishment of first fruits &c. All Ecclesiastical Statutes.
In Queen Elizabeth's happy Rain, there are sundry Statutes abundantly manifesting her own, and the Parliaments supreme Jurisdictions and Legislative power in matters of Religion, Church-government, Discipline, &c. as namely, 1 Eliz. c. 1. An Act restoring to the Crown the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL & SPIRITVALL, and abolishing all fortaigne power repugnant to the same: which gives the Queen, her heirs and successors, all manner of Ecclesiastical Jurisdiction, in, and over all Ecclesiastical persons and causes, and power to correct, redress, and reform all manner of HERESY, 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, testify and declare in their consciences, that the Queen and her Successors are the only supreme Governors of this Realm, and other their Dommions, as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporal, &c. which jurisdiction of theirs, they swear to their power to assist and defend: Which oath if any refuse to take, he shall forseit all his Ecclesiastical promotions and temporal 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 HERESY and what not; namely,
In King James his Rain I find many Acts of Parliament asserting the Kings and Parliaments Ecclesiastical jurisdictions, as 1 Jacobi c. 1 • Concerning the Kings Title to the Crown. ch. 2. Concerning Archbishoprics and Bishoprics. ch. 5. For the due execution of the Statutes against Jesuits, Seminary Priests, Recusants. ch. 12. Against second marriages till former wives or husbands be 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 Chapel to it. 3 Jacobi c. 3. for a public thanksgiving to Almighty God every year on the fifth 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 avoid danger which may grow by Popish Recusants, which likewise prohibits the Importations of any Popish Books. Agnus Dei, Crucifixes, &c. ch. 20. To restrain abuses of Players. 21. Jacobi ch. 17. Against Usury. ch. 20. To prevent and reform profane swearing and cursing.
The Statutes in King Charles his Rain, are punctual evidences of the Sovereign Ecclesiastical jurisdiction of our Kings & Parliaments, in all which we find, not only several Committees appointed concerning Religion (frequent in all Queen Elizabeth's 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 Lord's day. 3 Caroli c. 1. For further reformation of divers abuses on the Lord's day, ch. 2. To restrain the passing or sending of any to be Popishly bred beyond the Seas. But the several Acts, Ordinances and Proceedings of this present Parliament, concerning all matters of Religion, Church government, and Ecclesiastical affairs, are presidents beyond all exception: The Acts already passed, For suppressing the High-Commission; disabling any Clergy-man to meddle with any temporal offices, or to be Justices of Peace; The taking away of Bishops Votes, and their sitting in the House of Peers. The several Acts, Votes, Ordinances which have passed both House for abolishing all new Canons Plaralities Nonresidence; punishing of scandalous Ministers; Sanctifying the Lord's day; Keeping of Monethly and other Fasts; Celebrating special days 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 Realm, as shall be most agreeable to God's Word (wherein they have made a large progress already, the Directory for Worship being now finished; and we expect a full accomplishment of this much desired Work, 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 Ecclesiastical things or proceedings whatsoever: none of which have ever been settled among us in any age in a legal and obligatory way, but only in and by Parliaments. I shall close up these 〈◊〉 Domestic authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines; (wherein all may clearly discern the jurisdiction of our Parliaments in all Church affairs, matters of Religion, and over the Assembly it self,) 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 Lord's 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 settling 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.
W Hereas 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 remain in the Liturgy, Discipline and Government of the Church, which do necessarily require a further and more perfect reformation, then as yet hath been attained: And whereas it hath been declared and resolved by the Lord's and Commons assmbled in Parliament, that the present Church-Government by Archbishops, Bishops, their Chancellors Commissaries, Deans Deans and Chapters. Archdeacons, and other Ecclesiastical Officers depending upon the Hierarchy, is evil and justly offensive and bu • thensome to the Kingdom, a great impediment to reformation and growth of Religion, and very prejudicial to the state and government of this Kingdom and that therefore they are resolved that the same, shall be taken away, and that such a Government shall be settled in the Church as may be most agreeable to God's holy Word, and most apt to procure and preserve the peace of the Church at home, and nearer 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 counsel 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 Lord's and Commons in this present Parliament assembled, That all and every the person • hereafter in this present Ordinance named, that is to say, Algernon Earl of Northumberland. William Earl of Bedford, Phillip Earl of Pembroke and Montgemery, William Earl of Salisbury, Henry Earl of Holland Edward Earl of Manchester, William Lord Viscount Say and Seal Edward Lord Viscount Conway, Phillip Lord Wharton, Edward Lord Howard of Estr. John Selden Esquite. Francis Rows Esquire, Edmund Prideaux Esqui • e, Sir Henry Vane Knight Senior, John Glyn Esquire, Recorder of London, John White Esquire, Bouldstrode Whi • lock Esquire, Humphrey Salloway Esquire, Master Serjeant Wilde Oliver, Saint John Esquire his Majesty's Solicitor, Sir Benjamin Rudyard Knight John Pym Esquire, Sir John Clotworthy Knight, John Maynard Esquire, Sir Henry Vane Knight, junior, William Pierpoint Esquiet, William Wheeler Esquire, Sir Thomas Barrington Knight, Walter-Young Esquire, Sir John Euelin Knight Herbert Palmer of Ashwell Batchellor in Divinity, Oliver Boles of Sutton Batchellor in Divinity Henry Wilkinson of Waddesdon Batchellor in Divinity, Thomas Valentine of Chalsont Giles Batchellor in Divinity, D. William Twisse of Newbury (with sundry other Divines mentioned in this Ordinance) and such other person and persons, as shall be nominated and appointed by both Houses of Parliament, or so many of them as shall not be lefted by sickness or other necessary impediment, shall meet and assemble, and are hereby required and enjoined upon summons signed by the Clerks of both Houses of Parliament, left at their several respective dwellings, to meet and assemble themselves at Westminster in the Chapel called King Henry the sevenths Chapel on the first day of July in the year of our Lord, one thousand six hundred fort • y three: and after the first meeting, being at least of the number of forty, shall from time to time sit & be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed; And the said persons, or so many of them as shall be so Assembled, or sit, shall have power and Authority, and are hereby likewise enjoined, from time to time during this present Parliament, or until further Order be taken, by both the said Houses to con • err and treat amongst themselves of such matters and things, touching and concerning the Liturgy, discipline and Government of the Church of England, or the vindicating and clearing of the doctrine of the same from all false aspersions and misconstructions. AS SHALL BE PROPOSED VNTO THEM BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT, AND NO OTHER, and to deliver their opinions and advices of or touching the matters aforesaid, as shall be most agreeable to the Word of God. TO BOTH OR EITHER OF THE SAID HOVSES, FROM TIME TO TIME, IN SVCH MANNER AND SORT, AS BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT, SHALL BE REQVIRED, and the same not to divulge by printing, writing, or otherwise, without the consent of both or either House of Parliament. And be it further ordained by the authority aforesaid, that William Twisse Doctor in Divinity, shall sit in the Chair as Prolocutor of the said Assembly; and if he happen to die or be letted by sickness or other necessary impediment, then such other person to be appointed in his place, as shall be agreed on, by both the said Houses of Parliament; And in case, any difference of Opinion shall happen amongst the said persons so assembled, touching any the matters, that shall be proposed to them as aforesaid, that then they shall represent the same, together with the reasons thereof to both or either the said Houses respectively, to the end such further direction may be given therein, as shall be requisite in that behalf. And be it further Ordained by the authority aforesaid, That for the Charges and expenses of the said Divines, and every of them, in attending the said service, there shall be allowed unto every of them that shall so attend, during the time of their said attendance, and for ten days before and ten days after, the sum of four shillings for every day, at the charges of the Common-wealth, at such time and in such manner as by both Houses of Parliament shall be appointed. And be it further Ordained, that all and every the said Divines so, as aforesaid, required and enjoined to meet and assemble, shall be freed and acquitted of and from every offense, forfeiture, penalty, loss or damage which shall or may arise or grow by reason of any Non-residence or absence of them or any of them, from his or their, or any of their Church, Churches, or Cures, for, or in respect of their said attendance upon the said Service any Law or Stature enjoining their attendance upon their respective Ministries or Charges to the contrary thereof notwithstanding; and if any of the persons before named shall happen to die before the said Assembly shall be dissolved by Order of both Houses of Parliament, then such other person or persons shall be nominated and placed in the room and stead of such person and persons so dying, as by both the said Houses shall be thought fit and agreed upon: And every such person or persons so to be named shall have the like Power and Authority, Freedom, and acquittall to all intents and purposes, and also all such wages and allowances for the said service, during the time of his or their attendance as to any other of the said persons in this Ordinance is by this Ordinance limited and appointed. Provided always; that this Ordinance or anything therein contained, shall not give unto the persons aforesaid or any of them, nor shall they in this Assembly assume to exercise any Jurisdiction, Power, or Authority Ecclesiastical whatsoever, or any other Power, then is herein particularly expressed.
Some general Rules for the Assembly, directed by the Lord's and Commons in Parliament Assembled.
1. THat two Assessors be joined to the Prolocutor to supply his place in case of absence or infirmity.
2. Two Scribes to be appointed to set down all proceedings, and these to be Divenes who are not Members of the Assembly, viz. Master Henry Rowberry, and Master Adoniran Byfeild.
3. Every Member at his first entrance into the Assembly, shall make a serious and solemn Protestation, not to maintain anything but what he believes to be the truth, and to embrace Truth in sincerity when discovered to him.
4. No resolution to be given upon any question on the same day wherein it is first p • rpounded.
5. What any man undertakes to prove as necessary, he shall make good out of the Scriptures.
6. No man to proceed in any dispute after the Prolocuter hath enjoined him silence (unless the Assembly desire he may go on.)
7. No man to be denied to enter his dissent from the Assembl • , and his 〈◊〉 for it, in any point, after it hath been first Debated in the Assembly, And thence (if the dissenting party desire it) to be sent to the Houses of Parliament 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: Brown Cler. Parliamentorum.
Having thus sufficiently evidenced the authority and jurisdiction of Parliaments in matters of Religion, and Church affairs, by these numerous punctual & irrefragable Presidents in all Ages; give me leave to add these two considerations to them to demonstrate this their undoubted right and privilege 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 special 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 defense of the Church of England, and well ordering of the same, is one Principal end of summoning Parliaments and one main part of the subject matters of our Parliaments, as Sir Edward Cook resolves.
2ly That all & every of the pre • ended opposites to Parliaments Ecclesiastical jurisdiction, hand formely▪ and none especially in the present Parliament, addressed several Petitions to this High and Honorable Court, for Reformation of the Church, suppression of heresies, Errors, Idolatry, Popery, Superstition, Schisms, Prela • y, and establishing God's true worship, Religion, Ordinances, Discipline, as to the most proper Judicature Tribunal, 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 remembered) instead of infinite others, which I pretermit for brevity. Our famous English Apostle, John Wickelesse, as he professedly maintained in K. Richard the second his Rain; That any Clergy-man, yea the Pope himself, might lawfully be reprehended accused and corrected by Lay-men, That the temporal Lord's and Princes might lawfully and meritoriously take the possessions and Revenues from the Church, and from Ecclesiastical persons offending habitually, &c. to the end they might reform them; And that they were obliged to reform the Church and Prelates, under pain of being traitors to Jesus Christ: So likewise in the fifth year of this King he Writ and sent to the Lord's and great men assembled at London IN PARLIAMENT seven Propositions; tending to the abolishing of the Popes usurped power and exactions; to self the temporalities of Deli ••• ent Bishops; to remove Bishops and Clergy-men from all secular employments; 〈◊〉 reform the abuses of Excommunications, and imprisonments upon (them;) to 〈◊〉 Transubstantiation, and reform 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 Wycliffe's opinions, appealed to the King and Parliament against it; and withal writ a pious Letter to the Parliament (recorded by Master Fox) which concludes thus.
On the contrary side, the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of heretical opinions Preachers Books, Schools, Conventi • les and the punishment and restraint of heretics, sectaries, heretical 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 heresy: and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament, the occasion of the bloody 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 Judges, and only lawgivers for ordering Church affairs and matters of Religion.
About the 37. year 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 days both in matter of Doctrine, Worship, Discipline, manners; which he earnestly presseth, petitioneth the Parliament effectually to reform by wholesome Laws and Edicts as a thing most properly belonging to their place and Jurisdiction, as the whole book manifests: which had been very absurd, had the Parliament been no, mere Judge of Religion and Church affairs, and no 〈◊〉 Reformers of these abuses by Laws and punishments, as some now repute them.
In King Edward the sixth Queen Mary's, and Queen Elizabeth's several Raignes, the Clergy and 〈◊〉 made their Petitions and addresses to the Parliament for settling, reforming, establishing all matters of Religion, Church-government and discipline as the forementioned Statutes, with multitudes of Petitions and books printed and dedicated to the Parliaments in their several 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. John Penry his supplication to the Parliament, and others.
The Petitions to all the several Parliaments in King James his Rain and our present Sovereigns, (but more especially to this present Parliament) from all sorts of people in every County of the Realm; from Laity and Clergy, Protestants of all sorts, as well Presbyterians a • Independents, yea from Antinomians, Anabaptists, Brownists, and Schismatics of all sorts, to reform 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 near 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 publicly and privately, to assist them extraordinarily from Heaven in this great weighty spiritual 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 public acknowledgement of their undoubted right, and Legislative power in all Ecsiasticall affairs of what nature and quality soever; and that all parties ought readily to submit to their just determinations in point of practice, and obedience in all these particulars, whereof they have thus unanimously and importunately from time to time petitioned them to be Judges.
There is no party or Sectary whatsoever, which hath formerly petitioned them in this kind but would preach and write for universal obedience to that form 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 universal obedience & submission to it, under pain of contumacy heresy, schism, and the severest penalties Ecclesiastical or civil since they write as much in effect already in their Pamphlets;
This reverend learned Jewell in his Apology 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 hairs breadth) do now: The Parliaments of these later days 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 doors? or had ye anything to do in that assembly? Did they tarry many months 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 spiritual Lord's (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 voice to your Gospel? 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 returns the ensuing reply to him: That the Parliament war summoned by royal 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 Lord's Spiritual (for which he produceth sundry examples.) Farther, whereas ye call the Doctrine of Christ that now by God's great mercy, and to your great grief, 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 faileth) ye might have remembered, that Christ himself at the beginning was universally received, and honored through this Realm BY ASSENT OF PARLIAMENT▪ and further, that WITHOUT PARLIAMENT, your POPE himself was never received, no not in the late time of Queen Mary: yea, and even then his Holiness was clogged with PARLIAMENT CONDITIONS, that whatsoever had been determined in Parliament, and was not repealed, were it never so contrary to 〈…〉 and Canons, should remain still inviolable, and stand in force. 〈…〉 Holiness had gone home again. Such Master Harding is the Authority of a Parliament. Verily it Parliaments of Realms be no Parliaments, then will your Pope be no Pope. Therefore as you now call the truth of God we profess, a Parliament Religion, and a Parliament Gospel, even so with 〈…〉 and gravity of speech, you might have said, our Fathers in old times had a Parliament Christ: And your late Father • and Brethren, had of late in the time of Queen Mary, a Parliament Faith, a Parliament 〈◊〉 , a Parliament Pope.
Neither is it so strange a matter to see Ecclesiastical causes debated in Parliament; read the Laws of King Inas King El •• ede, King Edward, King Ethelstan, King Edmond, King 〈◊〉 , King Canute, and ye shall find, that our Godly Forefathers, the Princes and Peers of this Realm, never vouchsafed to entreat of matters of Peace, of War, or otherwise touching the Common State, before all controversies of Religion and causes Ecclesiastical had been concluded, King Canute in his Parliament holden at Winchester upon Christmas day after sundry Laws and Orders made, touching the faith, the keeping of holy Days, public prayers, learning of the Lord's Prayer, receiving of the Communion thrice in the year, the manner and form of Baptism, fasting and other like matters of Religion, in the end thereof saith thus.
I shall finish this Section of the Authority and power of Parliaments in matters of Religion, Church-government, Discipline and enacting Laws in all and every of these particulars, with some foreign presidents in the Parliaments, Diers, & Assemblyes of Estats in other Realm & republikes. Should I now relate unto you the many ecclesiastical Laws of all sorts made in them, I might swell this Treatise into many folio volumes, I shall 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 Lord's Day, prohibiting the dressing of any but necessary food on it, & all Bodily labor under pecuniary mulcts. The ecclesiastical 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. styled Capitula Regum, & Episcoporum, Maximeque OMNIVM NOBILIVM FRANCORVM; were made, GENERALI CONSENSV PIDPLIVM SKORVM, ET GENERALI CONSVLTV, ET COMMVNI, CONCILIO by general consent of the King Bishops and especially of the Nobles and states of France, in Common Councils, Parliaments and Assemblies of the estates. Who had so great a power in making rejecting Canons & ecclesiastical Laws, that when in the year 846. the Bishops of France and their suffragans had in their Synods compiled certain 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 Realm 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 CAPJTULIS 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 ecclesiastical laws 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 Council of Trent: but above all, in Antony Fontanon his Les Edicts et Ordonnances dos Royes de France, A Paris 1585. Tom. 4. throughout, wherein you may see an whole Folio volume of Ecclesiastical Laws and Edicts made by the Kings and Parliaments of France, to which (for brevity) I shall remit the Reader.
For Spain, the forecited Councils of Toledo (which were but Parliament and assemblies of the Estates) The laws of the Wisigothis, especially lib. 1 • De removendis OMNIVM HAERETICORVM SECTIS exterms, & DE OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS: which you may read at large in the third some of Hisp •• Illustrata: p. 992. to 1014. and in Fredericus Lindebrogus, his Codex Legum Antiquarum. France-furtii, 1613. p. 210 to 238. together with the General history of Spain, Joannes de Laet. Hispaniae Descriptio, Hieronimus Blanca Rerum Arragenensium Commentarius, will furnish us with sufficient Presidents of their Parliaments Jurisdiction in matters of Religion, and making Ecclesiastical Laws in all Church matters.
For Bohemia: Georgius Bartholdus Pontanus, his Bohaemia pia, l. 7. De Rebus Gestis sub Ludovico Rege lib. 1. c. 8, 9, 10, 12, 24, 25, 21, 29, 30, 31. lib. 2. c. 3, to 24. l. 3. c. 2, 6. l. 4. c, 1, 711,, 18, 33, 34. Pauli Geschinii Majestas Carolina, sine Constitutiones Caroli 4 Romani Imperatoris, quibus illo Regni •• Bohemiae firmandum ornandumque censuit Handviae 1607, Rubr. 1. De fide Catholica; Rub. 2, 4 5. De hareticis, &c. Aeneas Sylvius, his Historia. 〈◊〉 Pauli Stranhii. Respub. Bohemiae: Master Fox his Acts and Monuments 〈…〉 & Grimstons Imperial History, will furnish us with sundry Presidents, where their Kings and Parliaments have determined and settled matters of Religion and Church-government in that Kingdom, not Synods of their Clergy.
For Denmark, Hungary, Poland, and Sweden, the Laws and Historians of these Kingdoms, abundantly testify that their Parliaments and general Assemblies of State, have alwayee settled matters of religion and Churchgovernment. See Guagninus, Chromerus, Saxogrammaticus Pontanus, Chy ••• Rer um Ungarirarum Scriptores.
For Italy, I find that Theodoricus King of Italy; among his temporal Laws intiteled, Edictum Theodorici Regis, hath many Ecclesiastical constitutions, intermixed, as cap. 26. 70. 71 168, 125, 143. and 174. De die Dominico, prohibiting arrests or citations thereon. The like I find among the Laws of the (b) Burgundians, made by Gundebald their K. by the advise and consent of his Nobles (Coram positis Optimatibus nostris, universa pensavimus & iam nostra quam eorum sententia, mansuris in aeuum legibus sumpsimus statuta praescribi) cap. 28. 44, 45. 51. • Additamenti primi, cap. 18. Additamentum, 2. cap. 12. Among the Laws of the Almains made in the time of King Chlotair, (una cum Principibus suis, id sunt 33. Episcopis & 33. Ducibus & 72. Concitibus, vel cetero populo consti •• ta est, writes my Author) I find sundry Ecclesiastical Laws intermixed with temporal, as cap. 1. 24. and cap. 38. De eo qui die DOMINICO opera servilia fecerit: Which first enacts: Die dominico nemo opera servilia prasumat facere, quia hoc Lex prohibit; & sacra Scriptura in omnibus contradicit: And then prescribes bast inadoing to a servant that shall work on the Lord's day; and to a freeman after three admonitions, the forfeiture of the third part of his inheritance; and for the 4th offense, perpetual villainage: Quia noluit Deo vacare, in sempiernum servus perman ••• .
In the Laws of the Bavarians, first compiled by King Theodoricus, by the advise of Wisemen skillful in the Laws: afterwards proceeded in by King Childebert, and Clothaire, and renewed by King Dagobert, by advise of his Parliament, (as this Preface to them attests: Hoc DECRETUM est apud Regem & Principes ejus • apud CUNCTUM POPULUM CHRITIANUM qui intra Regnu •• 〈◊〉 consistunt) I find the first Title to be, DE ECCLESIASTIC IS REBVS; De libris legum justitutionum qua ad CLERVM pertinent: Concerning whom there were many very good Laws enacted. I meet with sundry Laws made by Tassilo Duke of Bavaria, Anno Do. 772. Et per PRIMATES Imperij, unmerso CONSENTENTE MVLTITVDINE, &c. Est ab universis uno ore confirmatum, &c. Many of which Laws are merely Ecclesiastical: As the first, for the honor and sanctifying of the LORD'S DAY, Sicut in Lege Scriptum est, & in decretis Canonum, and cap. 2, 3, 4, 6. De Popularibus legibus, cap. 10. 11, 12, 20. So also in the Aditions of Charles the Emperor to the Bavarian Laws Addit. 1. c. 1. 8. and Addit. 2. cap. 7. 8, 10. Among the Laws of the Saxons, cap, 2. sect. 8, 9. There are some Laws relating to the Church. In the Prisons Laws, chap. 18. There is this Law concerning the LORD'S DAY, Qui opus servile die Dominico fecerit, ultra Laubachi, sol: 12. in caeteris locis Prisiae 4. Sol. culpabilis indictum, Siseruus hoc fecerit, vapuletur, aut Dominus ejus 4. Solidos pro illo componet. Additio Sapientum (to these Laws) Tit. 1. and 12. Concerne the Church. Among the Laws of the Lombards, l. 1. tit. 2. chap. 2. lib. 2. tit. 8, 38, 39. lib. 3. tit. 1. De Episcopis & Clericis, tit. 3. De decimis. tit. 10. De Rect •• ibus Ecclesiarum, tit. 11. De Pontificibus, tit. 26. De excommunicatione and tit. 30. 32, 40, are wholly Ecclestasticall. In the Laws and Constitutions of those of Naple • and Sicily made in the year 1221. lib. r. tit. 1. 2. D • Haereticis & 〈◊〉 & eorum Receptoribus, Fauctoribus, &c. tit. 3. De Apostatis, tit. 5. De Crimine sacrilegij. tit. 7. De Decimis, and Tit. 29. 65, 68. lib. 3. tit. 1. 2, 3. 20, 25, 26, 28, 43, 51, 58, 59. are merely Ecclesiastical concerning Religion, the Church, and Clergy.
Not to mention the many Ecclesiastical Lawers and edicts made by some of the Roman and Greek Emperors, with the consent of their Senators, recorded in Justinian, in Codice Theodosij, lib. 16. throughout, and many of them inserted by Gratian himself into his Decrees and body of the Canon Law, and reduced under several heads by Paulus Windeck in his Theologia Iuriscon ••• torum: & Canonum & Legum Consensus: Not to rehearse the many Laws and edicts of the German Emperors Princes, Diets, touching Religion and Church affairs of all sorts, mentioned scatteringly in Abbas Us • eigensis, Sabellicus, Rerum Germanicarum Scriptures, Johannes Aventinus Au • alium, Boyorum, Master Fox, Fasciculus Rerum expetendarum, Hermaennus 〈◊〉 . Grimstons Imperial History, Constitutiones Imperat, Parisijs 1606. 〈◊〉 Comment; Chytraus Chron: Saxoniae; and Augustana Confessto fidei & Dictrina, Electorum, Principum, & Ordinum Imperij, atque corundem Theologorum qui Augustanam Confessionem amplectuntu • , subscribed by all the Protestant Princes, Dukes Earls, Barons, Councils, Senates & Senators of Germany: presented to the Emperor, and printed, yea reprinted, by all their special Commands, Lipsiae 1584. together with the several Confession of all the Protestant Churches in Germany and elsewhere, recorded in the Harmony of Confessions; which were made, published, established, by the several Protestant States to Diets or Parliaments by common consent of the Nobles, Magistrates Senates, & Ministers of those Churches, not by the Clergy alone) are a sufficient demonstration of their Ecclesiastical legislative power and jurisdiction in all matters of Faith, Discipline, and Government. In few words, I dare aver, that there is never a foreign Christian Empire, Kingdom or Republic in the world whether Protestant or Popish, but hath in their Parliaments, Diers Senates, made sundry Laws concerning matters of Faith, Government, Discipline, Clergiemen, and all Ecclesiastical affairs, yea for the establishment of that Religion, Church Government and Discipline in present use among them, as their several Laws and Constitutions will abundantly manifest, to any who have vacancy to peruse them.
I shall close up this Section, with some presidents of the Parliaments of Ireland, and Scotland, which have most affinity to the Parliaments of England.
Among the printed Statutes of Ireland, collected by Master Belton: I meet with these ensuing Ecclesiastical Laws made in the Parliaments of Ireland, 36. H. 6. c. 1. That Beneficed persons shall keep Residence, 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome, and that pardons made to such as purchase them thence shall be void, 10. H. 7. c. 5. Against provisors from Rome, 25. H. 8. c. 2. For uniting the Personage of Cantrim, to the Priory of Saint Peters, 28. H. 8. c. 5. That the King shall be supreme head of the Church of Ireland, ch. 8. and 26. For payment of first-fruits, ch. 13. Against the Authority of the Bishops of Rome and chap. 14. 17, 18, 23. For other Ecclesiastical matters, 33. H. 8. c. 6. Conconcerning Mariages, cha. 12. For Tithes, chap. 14. For erecting of Vicaridges, 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses, 2. Eliz: chap. 1. For restoring to the Crown the ancient Jurisdiction, and the State Ecclesiastical, and abolishing all foreign power repugnant to the same, cha. 2. For the uniformity of Common prayer and service in the Church, chap. 3. Concerning, first fruits and Personages impropriate, c. 4. For the conferring and consecrating of Archbishops and Bishops: 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since.
For Scotland, I find many Ecclesiastical Laws concerning the Church, Church-men and all matters of Religion made in Parliament, and intermixed with their temporal Acts. To omit the Ecclesiastical Laws of King Keneth, mixed with his Temporal, enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170: chap: 32. Is, For maintaining the true Religion, and the Rights and liberties of holy Church, chapter 34. Of the honesty of Clerks, King Robert the first in his Parliament holden at Scone with his Bishops, Abbots, Priors Ea • i • s, Barons, and other Noblemen of his Realm, to the honor of God and holy Church, with common advise and consent of all the Prelates and Freeholders foresaid, and hail community in the 13. Yeare of his Rain (to wit Anno 1319) made a law, chapter 〈◊〉 . For the freedom of the Church and Kirkmen, and maintenance of true Religion: And the second Parliament of this King, chapter 1. Is, of Donation of Lands made to Religious persons: and chapter 14. Concernes Nuns: Among the Statutes of King David the 2. the 12th chapter, is of Pilgranners; and chapter 42. For freedom of holy Church. Not to mention all the statutes made in the Parliaments of Scotland in times of Popery, for advancing the Popes Authority, Mass, Prelacy, with sundry Doctrines and Ceremonies, abolished by subsequent Acts in times of Reformation; I shall only give you a brief account of some of their Acts of Parliament, since beginning of reformation in that Kingdom.
I find in Master John Knox his History of the reformation of the Church of Scotland, lib. 3, pag: 56, 57. in the London edition, • 644. That in a Parliament held in Scotland: Anno 1543. there began question of the abolishing of certain tyrannical Acts made before, at the devotion of the Prelates, for the maintaining of their Kingdom of darkness; to wit: That under pain of Haeresy none should read any part of the Scripture in the vulgar Tongue, neither yet any Tractate or exposition of any place of Scripture: which Act, after great debate in Parliament between the Nobility, Commons, and Clergy, was wholly repealed; and this Act of Parliament enacted: That it should be lawful to every man to use the benefit of the Translations which then they had of the Old and New Testament, together with the benefis of other Treatises, containing wholesome doctrine, until such time at the Prelates and other Church-men, should give and set forth unto them, a translation more correct. And so by Act of Parliament it was made free to all men, and women to read the Scriptures in their vulgar tongue, and all Acts to the contrary abolished. This was no small victory of Christ Jesus, against the conjured enemies of his Verity.
In the year 155 • of the Protestants in Scotland petitioned both the Queen Regent, and likewise the Lord's Barons, Burgesses, assembled there in Parliament, for repeal of several Laws formerly made against Heritickes, for prayers in, their vulgar Tongue, frequent preaching or interpretation of the Scriptures, due administration of the Sacraments of Baptism and the Lord's Supper Reformation of the Church, Prelates and ecclesiastical estate, their lives, Courts, and proceedings. And likewise entered a formal Protestation in the Parliament House. After this in the year, 1560. The Protestant Barrons, Gentlemen Burgesses, and others of the Realm presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled; wherein they desired; the abolition of Idolatry, and such false Doctrine as w • e condemned by God's word, by Act of that Parliament, and punishment to be appointed for the transgression: that the abuses and prosanations of the Sacraments of Jesus Christ, and of the true Discipline of the Church might be reformed. That the Popes usurped ecclesiastical Authority might be abolished, and the Popish Clergy removed &c. Which application being read in the Audience of the whole Assembly; the Batons Ministers & other Petitioners were thereupon commanded to draw into plain and several heads the sum of that Doctrine which they would maintain, and desire the present Parliament to establish as wholesome true and only necessary to be believed, and to be received within the Realm, which they willingly accepted, and within four days presented a large Confession of the faith professed and believed by the Protestants within the Realm of Scotland, consisting of 25. Articles: which were read in face of Parliament, and after ratified by the three States of this Realm, at Edinburgh the 17. of July, 1560. and by the whole body of the Parliament (which confession was again ratified, Anno 1567. in the first Parliament of James the 6.) After which there was an Act made against the Mass, and the sayers and hears thereof, and another Act: for the abolishing of the Pope and his usurped Authority in Scotland After this a form of Church Government and discipline was presented to the Nobility to peruse; but not then fully agreed on and settled. The like Petitions and, proceedings in ecclesiastical affairs, I find in the years, 1561. 1562. 1563. to 1580. 1581 1582. and that the General Assemblies of Scotland (in nature of a Council or Synod) wherein they debated matters of Religion and Church-government, consisted not only of Ministers, but of Nobles, Gentlemen with other Laikes; and that their resolutions and Acts were not thought obligatory unless ratified by special Acts of Parliament, by which they still petitioned they might be confirmed.
Not to trouble the Reader over. long. I find these ensuing ecclesiastical Acts of Parliament in Scotland against provisions from Rome, I am. 3. parl. 6. c. 43. I am. 4. parl. 1. c. 4. parl. 5. c. 53. I am. 5. paul 〈◊〉 . c. 119. Against Working, Gaming playing, haunting of Taverines, A • ch • uses, and using any sorvile work on the SABOTH-DAY I am. 4. parl. 6. c. 83. I am, 6. parl. 6: c. 70 • parl. • 4, c. 148 against Apostasy, Idolatry, Mass the Pope, Semeniary Priests; Jesuits, uncommunicants, Popery: as I am. 8. parl. 1. c. • , 3, 5. parl. 3. c. 1. 45, 46. 55. parl. 4. c. 7, 8. 35 parl • 7. c. 106. parl. 10. c. 24, 27. parl. 12. c. 1 20. parl. 13. c. 60. parl. 14. c. 193. parl. 16. c. 17, 18. parl. 19. c. 1. Against Adultery: Mat: parl. 5▪ c. 10. parl. 9. c. 74. I am. 6. parl. 2. c. 14. parl. 7. c. 105, with sundry others, which you may find mentioned and recired in the 5 and 6 Acts of the second Parliament of King Charles at the Sessions holden at Edinburgh the eleventh day of June, 1640 & Regiam Majestat •• to which for brevity, 〈◊〉 refer the Reader.
I shall conclude with, the Ecclesiastical Acts made in the several Sessions of the second Parliament of King Charles held at Edinburgh in the year 1640, and 1642, where in the presens government of the Church of Scotland, together with their profession of Faith, national Covenant, and all Ecclesiastical matters whatsoever were fully settled and ratified. In the first Session of this Parliament, I find these ensuing Ecclesiastical 〈◊〉 enacted. Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY, which are recited in, and ratified approved, & perpetually confirmed by this law. Act. 5. Anent the Ratification of the Covenant, and of the Assemblies Supplication, Act of Councils and Act of Assymbly concerning the Covinant and confession of Faith (formerly made and subscribed sundry times) here in recited, and confirmed. In which Act sundry laws formerly made against Popish Idolatry, superstitious Doctrine, Papists, Seminary priests, Jesuits, Papistical Ceremonies, Mass, the Popes jurisdiction, the reformation of the Church, and maintenace of God's true religion, are recapitulated, confirmed. Acts 6. Rescissory; repealing divers former Acts concerning Archbishops, Bishops with other Prelates, their unjust jurisdiction and authority. Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default. Acts 8. Anent admission of Ministers to Kirks which belong to Bishoprics. Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day. Acts 10. discharging, Salmon fishing upon the Sabbath day. Acts 11. Against Papists. Acts 12. discharging the Zule vacancy (or Christmas) Act 13. discharging Monday market in Edinburgh and elsewhere, as occasioning great profanation of the Sunday, and distracting men from God's public worship and Service. Acts 14. For taking order with the abuse committed on the Sabbath day &c. Acts 15. Directing Letters of horning against excommunicated persons: to which I might add Acts 16. 29, 30. 32. 37, 38, having relation to the Church, and defense of Religion: And Session second of this Parliament, 1641. Acts 8. 9 10, 11, (for abolishing the Monuments of Idolatry) & 12. Anent Non-communicants and excommunicate persons, all printed; besides sundry other Acts unprinted: are an abundant Evidence both of the Scottish & English Parliaments undoubted right jurisdiction, and authority in all matter of Religion, Discipline, and Church-government, maugre all inconsiderable late privateopinions to the contrary, by whomsoever broached.
Section 4.
Containing certain Corollaries from the premised Sections, against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government, Discipline, Religion: Together with a complete Answer to Master John Goodwin's pretended Authorities, my dear Brother Burtons, and others Arguments to the contrary, in Iustificaetion of their Independent way, in some late Publications; the substance whereof is here clearly refuted; and this point among others, cleared; That just human Civil or Ecclesiastical Laws bind the conscience in point of obedience, And that there is no exact set form of Church government universally prescribed in Scripture to all Churches.
IN the precedent Sections, I have (according to my solemn Covenant and Protestation) abundantly cleared the ancient unquestionable Jurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion, Church-government, Discipline, by multitudes of express Presidents in all Ages, and Authorities of all kinds: I shall in the next place Dissipate all those empty clouds of objections, which endeavor to obscure this clear-shining Verity; by deducing some Corollaries from the premises, and then refuting the principle late objections against the same.
The first Corollary is this: That Bishop Laudes desperate Positions, in his Anti-Parliamentary paper of Hopes and Feares, about calling a Parliament An. 1627. That Church-business is not fit for Parliaments: That the Parliament House, one or both, can be no competent Judge in any point of Doctrine. That the Papists insult over us by this means, and call it Parliamentary Religion. That the King suffers by this as much or more than the Church: For in the Statute of submission of the Clergy, the King and the Convocation are Judges of all Ecclesiastical Causes. An. 25 H. 8. c. 19. And why should the Parliament take this from either? That he should have little hope of good success in Parliament, till they leave meddling with the Church. Are all dangerous false Positions, exceeding derogatory and destructive to the indubitable ancient Rights, privileges, and power of our Parliaments, constantly exercised and enjoyed without dispute, even in the darkest times of Popery, and highest Ruffe of Pope, of Prelates; and ever since the Reformation admitted without any opposition but by Popish Priests and Jesuits, as the forequoted passages of Bishop Jewell, and Bishop Bilson, withal the premises manifest.
Secondly, That Master John Goodwin's late printed passages against the Ecclesiastical jurisdiction of Parliaments (seconded in substance by some other Independents) viz.
These Passages of his were first unseasonably vented by him in a Sermon in Colemanstreet, 25 February 1643. to what other end, unless to prepare his Auditors to slight or reject what ever form of Church-government the Parliament should prescribe or settle, I cannot discern; for which (with other particulars) being questioned before the Committee for plundered Ministers, even pending the complaint there, he presumed to justify them again very unseasonably in the Pulpit on a solemn Fast day, and likewise in two printed Books to one whereof he prefixed his name, in high affront of that Committee which suspended him and contempt of the Parliaments Authority not to be paralleled in any age, by any person, for ought I find. Which audaciousness of his, who pretended so much respect and honor to the Parliament heretofore, engaged me (according to my Covenant and Protestation,) to give a public answer in print to these scandalous passages, in vindication of the Parliaments indubitable Right and Privilege, to intermeddle in and make Laws for all Church matters (as I have manifested by a cloud of witnesses in all ages in the foregoing Section) and so far incensed the Committee against him; that they sequestered him from his living in Colemanstreet, for the very things I mentioned in my Full Reply, &c. and ordered the passages in his Sermon and Theomachia, to be specially reported to the House with all expedition, as an unsufferable affront, and presumptnons under mining of their Privileges, which they could neither in honor, nor justice connive at, without exemplary punishment, and censure. And yet this Gentleman since this censure hath had the boldness in another Pamphlet of his (to which he hath prefixed his name) Intituled INNOCENCIES TRIVMPH, (an unfitting Title for a sequestered Nocent) to deny those very matters of fact, which he voluntarily confessed in my hearing before the Committee for which he was sequestered; and to justify his forementioned scandalous passages, in such a daring way, as cannot be paralleled.
For first he professeth, p. 2. That he hath not denied the least dram or scruple of [ 1] that power (belike he hath weighed it exactly in the scales) which is truly Parliamentary, and consistent with the Word of the great and glorious God: of which misdemeanor he is not in the least measure conscious to himself as yet.
This manifestes him incorrigible, impenitent after censure, proclaims him that which this whole Pamphlet vainly endeavors to acquit him from; One who hath presumptuously undermined the undoubted Privileges of Parliaments and here trebles in his former offenses.
Secondly, he averreth, that what he formerly preached and writ, was out of [ 2] a loving, & tender affectionate jealousy over the Parliament, lest possibly they might dash their foot against that stone, by which all Rule, all Authority and power will one day be broken in pieces. So that if his tongue or pen, have in the least miscarried in this point, it was Error Amoris, not Amor erroris: he being extremely jealous over the Parliament, lest they should touch with any Title or claim the most sacred and incommunicable Royalties and privilledges of Heaven, and so count it no robbery to make themselves equal to God: knowing most assuredly, that this is a most high provocation to the eyes of the most High, and IF CONTINUED IN, will kindle a fire in the breast of him, whose name is Jehovah, which will consume and devour, &c.
But good Sir, first, can any rational man think (though you should protest it ten thousand times over) that such Anti-Parliamentary passages as yours are, should proceed from your love to Parliaments? The blindest charity (I fear) will hardly credit it; that a friend to Parliaments should thus successively Preach and Print against their jurisdiction, more desperately than the worst Malignant, Royalist, Cavalier, or the Arch-Prelate himself, as you have apparently done.
Secondly, If this proceeded from such affectionate jealousy over the Parliament: I pray what made you so strangely, if not ma • gnantly jealous over them, as to fear and presume, they might dash their feet against that stone by which all power shall be broken in pieces; claim the most sacred and incommunicable privileges and royalties of Heaven to themselves, and count it no robbery to make themselves equal with God? Did the Parliament ever give you the least color or occasion of any such uncharitable, unchristian, that I say not detestable jealousy? could you have harder or more jealous thoughts than these of the very Pope or Turk himself, or of that great Antichrist, who exalts himself above all that is called God? Can such jealousies as these issued from any but a rancorous or disaffected heart against Parliaments? or did ever such execrable jealousies as these proceed from the heart, tongue, much less the pen of any Oxford Aulicus, or most venomous Malignant to our Parliament? Do their calling of an Assembly of most pious and conscientious Divines of all sorts, to reform our Church, and conform its Government, Discipline in all things as near as possible to the Word of God, with all their religious proceedings in this kind, infuse any such jealousy into you? If not, then for shame retract these your groundless fanaticke jealousies of, and uncharitable hard thoughts against the Parliament; else the world will censure you an Arch-Malignant, and the greatest Enemy to our Parliament that ever yet appeared openly in Press or Pulpit, within the lines of Communication, if not without them to.
Thirdly, had you had any just cause of such a jealousy, yet it had been your duty to have privately informed your friends in Parliament with, it in a brotherly Christian way: but to publish these your brain-sick jealousies, and suspicions of them behind their backs in open Pulpit, and then to the whole world in print, of purpose, to make your Auditors, Readers jealous of them, as men who invaded the very incommunicable royalties and privileges of heaven, and counted it no robbery to make themselves equal to God; or to defame, or draw an odium or contempt upon them, and prepare the people before hand to oppose or reject whatsoever Church-Government they shall establish contrary to your Independent way (for there can be no other real end of these your Antiparliamentary Sermons, writings) is such a transcendent crime, and high affront against the Parliament, as you are never able to expiate; and is so far from extenuating that it aggravates your former offenses beyond expression.
Fourthly, Your last clause: And if continued, &c. intimates and speaks • ound without any straining, that the Parliament for the present are guilty of dashing their foot against Christ the Rock; of claiming the most sacred and incommunicable royalties and privileges of heaven, and making themselves equal to God: And that if they persevere in the course they have begun (in reforming our Church, and setting up a Church Government according to the Word, different from your new way) it is such an high provocation against the most high, as will kindle a fire in the breast of him whose name is Jehovah; which will consume and devour; &c. Could all the Malignant and Prelatical party in England lay a greater, wickeder or more unjust scandal in our Parliament then this, or more defame them then by such a false report? enough to fire the whole Kingdom against them, as well as God's wrath? Certainly Master Goodwin, I must tell you freely without malice or uncharitablenes, (and I beseech you pardon my zeal in this particular) that your Jealousy and pen in this, was set on fire of hell, rather then heaven, when you printed this passage, and what ever censure you deserve, I fear your Book demerits the fire, to purge out this dross: yea all the late tears of Repentance you may shed, will not be sufficient to quench those unhappy flames of contention your late Sermons and Pamphlets have kindled in our Church and State, to omit your former Socinian Errors.
Thirdly. He professeth, that in case he hath said or written anything detractory [ 3] to the undoubted privileges of Parliament; yet my Inditement against him, that he did it, PRESVMTVOVSLY, is such a charge, which men, whose ungrounded zeal hath not eaten out the heart of their Charity, cannot lightly but recharge with unreasonableness, and utter unlikely-hood.
Sir, I dare affirm upon good grounds that you did this presumptuously, as I charge it; Grammarians, Lawyers and Divines informs us, that the Word Presumptuous, comes from the verb, Praesumo; which signifies, to forestall, to conceive before hand, to usurp or take that upon him which belongs not to him; to do a thing before a man be lawfully called to it, which belongs not properly to him, or to do a thing boldly, confidently, or rashly without good grounds, or against Authority, or Laws, or upon hopes of impunity. He that doth ought in any of these senses, may properly be said to do it PRESUMPTUOUSLY; and that in Scripture phrase, as well as in common parlance. To apply this to your crime. First, you preached and printed these passages, of purpose to forestall the Parliaments and Assemblies pious resolutions, to settle one uniform Church-Government, and suppress all private Coventicles of Sectaries or Anabaptists contrary to it. 2. To establish support that Independent way, which you had before hand without any lawful warrant, conceived, ere the Parliament had made choice of, or settled any Church-Government for you; as the whole Tenor of your Books and Sermons evidence. Thirdly, It was no less then high presumption in you, being a mere Divine, and a man altogether ignorant of, or unskillful in the ancient Rights and Privileges of our Parliament (as your writings demonstrate, and yourself intimate, p. 5.) to undertake to determine and judge of them so peremptorily, and in such manner as you have done: When as if you had known anything concerning the Rights of Parliaments, you might have learned this among other things; That Divines are no competent Judges of Parliaments Privileges: That the Privileges, Rights, and customs of our Parliaments, are only to be judged and determined by the Parliament it self, not in or by any other inferior Court, much less in a Pulpit That the power and jurisdiction of the Parliament for making of Laws, is so transcendent and absolute, as it cannot be confined to causes or persons within any bounds; and that the state and defense of the Church of England is the very first matter and care of the Parliament of England; as all the premised Presidents manifest, and Sir Edward Cook with others might have informed you. And for a man to undertake to judge of that which is above his power; is expressly defined to be presumption, by Richardus de Media villa in 3. Sententiar: Distinct, 26. and other Schoolmen on that place; and by Summa Angelica, Tit. Praesumptus. Fourthly, You had no lawful calling nor warrant from God's Word, or our Laws to handle the Jurisdictions and rights of Parliament in your pulpit, nor yet to dispute them in your writings in such a daring manner by way of opposition, or to encourage people to disobedience to its Ecclesiastical Laws and descitions: Therefore in this you were presumptuous, by the Scriptures own definition, 2 Pet. 2. 10. Fourthly, after you were questioned before a Committee of Parliament for these very passages in your first Sermon, as exceeding scandalous & Derogatory to the Members and privileges of Parliament, yet you in a daring manner, whiles you were under examination, audaciously preached over the same again in substance in your Pulpit on a solemn Fast day, and published them with additions in no less then two printed Books: Yea since your very censure by the Committee for them, you have in a higher strain then ever, gone on to justify them in print once more, in your Innocencies Triumph; (like an incorrigible delinquent) wherein you slander the Parliament more then before, and show yourself a man despising Government (at least any Church-Government, the Parliament shall establish not suitable to your fancy) self-willed, and even speaking evil of Dignities in your forementioned clauses & others: Therefore in this regard you are superlatively presumptuous, by St. Peters resolution: Yea most men, whose ungrounded zeal to your new way hath not eaten out his brains, and reason too, must readily acknowledge it, notwithstanding your two reasons to the contrary: To wit, First, your former uninterrupted zeal to this Parliament and its cause: (you mean perchance before you were an Independent, and since, whiles you thought it would embrace your new way) which doth but aggravate your subsequent opposition in press and Pulpit, against its undoubted jurisdiction. Secondly, The grounds and reasons you have given of your opinion; (which I shall examine in due place) as if men might not do presumptuously against the lawful power of Parliaments and civil Magistrates, as you have plentifully done, even with some color of reason, as well as insanire cum ration: which is all I shall answer to your reasons.
[ 4] Fourthly, He writes, Let Master Prynne, Or any other evict me, of any willful or unwilfull violation of the privileges of Parliament (and I shall be as willing as willingness it self can make me to further such a conviction) and no man shall be more ready then I to crave their pardon, or undergo their Justice; nay, I shall repent myself and abhor my error in dust and ashes.
Certainly this your promised late Repentance (which is yet contingent, and improbable, after so many public offronts and oppositions against the power and proceedings of Parliament) will be a very poor recompense and satisfaction for all your former misdemeanors and scandals 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 own Conscience and judgment cannot but inform 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 denied, oppugned those privileges of Parliament in Ecclesiastical affairs, which our own Parliaments in all ages, and Parliamentary Assemblies in all other Kingdoms have unquestionably exercised, enjoyed without any such public 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 justify yourself; they are miserably wrested and mistaken for the most part. The first you quote is Master Edwards: who maintains point blank against you throughout his Treatise, a Legislative and coerceive power in Parliaments and civil Magistrates, even in Church-affairs 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-blank 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 infer (p. 7.) Therefore his opinion appears 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 prelatical Lordly government to be abolished, and called an Assembly to advise with about a New. But to infer from thence as you do: 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 Book; Humbly submitted to the Honorable houses of Parliament: contrary to his express 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 settling a Church-government agreeable to God's word. Be ashamed therefore of this gross perversion of your first Authors passages, diametrally contrary to this meaning.
Your Passages out of Master Hayward, Bishop Jewel, Master Fox, Mr. Calvin, Jacobus 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 Jewel especially as I have already proved, vindicating) propugning the very ecclesiastical power of Parliaments which you oppugn Indeed some of their words seem to diminish the Coercive power of Majestrat • s, & enforcing of men's consciences in matters of Religion, which I shall 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 Laws touching Religion, discipline and Church-government, I am yet to seek.
For the Passages he aleageth out of the Divines of Scotland, That the Prince or Majestrate, may not make or publish any Ecclesiastical Law without the free assent of the Clergy, &c. That he may not by HIMSELFE define or direct such matters, nor make any Laws therein: That the King hath not a Nomotheticke Legislative Power in matters ecclesiastical in a constitute Church. That the ordinary power of the King is not to make Ecclesiastical Laws. &c.
I Answer, 1. That their only meaning (if I mistake not) in these passages is, that the Prince or chief civil Majestrate of HIMSELFE, without a Parliament, or without the assistance and consent of his Nobles, Commons, Clergy, cannot legally make any ecclesiastical Laws to oblige his people: upon which reason our Brethren of Scotl. rejected the late New service book and Canons, and our selves the late Canons & &c Oath (which Canterbury would 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 Kingdoms have respectively adjudged both one and other illegal. But that the King, or supreme temporal Magistrates assisted by a Parliament and Orthdox Divines, may not make binding ecclesiastical Laws; or that their or our Parliaments have not a real Legislative power in any matters ecclesiastike (the only point controversed) is directly contrary both to the constant Doctrine and Practice of our Brethren and their Church used ever since the Reformation, & to the proceedings of their last Parliaments and general 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 Ecclesiastical Laws for Religion or Church government; when as their Books, Actions, addresses to our present Parliament, their presence, assistance in our Assembly, proclaims the contrary: And the very public Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 (since confirmed by several Acts of Parliament) doth the like. But admit all those Authors really (as not one of them is in verity) opposite to the Ecclesiastical Jurisdiction, and Legislative power of Parliaments, yet the unanimous practice and resolution of all Christian Realms, Synods Parliaments, in all ages, contrary to their private novel opinions, is sufficient infinitely to overbalance them in the Judgments of all prudent men. And thus much for Mr. Goodwin's Innocencies triumph, as to the present point.
I shall next apply myself to Answer such Objections as my dear 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 principal Objection is this, That every particular Church now, consisting of visible Saints, is under Christ as the SOLE Head, King, Governor, Law-giver of it: and so is subject to no other jurisdiction then that of Christ, his Spirit, his Word:
To give a satisfactory Answer to this Objection; I shall first demand of my dear Brother: what he means by this frequently incultated assertion; That every particular Church is under Christ as the only Head, King, Lawgiver, Lord and Governor thereof, &c. and that none ought to have any power, rule or Jurisdiction in the Church but Christ alone? If he intends, that he is the only immediate HEAD, KING, Law-giver, and Governor, as he clearly doth, I desire some solid scripture proofs for it, since he produceth none to evince it; the rather, because it is quite contrary to sundry express Texts, which style Kings, Magistrates, Ministers Heigher powers, Rulers, Overseers, Fathers, Nursing- Fathers, Pastors,, of & over their Churches, people flocks, who are ever enjoined to obey & submit unto them; yea Rulers of the Templ, Congregation Church Rulers, Chife Rulers of the Synagogu: • ay sometimes God's sitting upon God's, throne, to whom men must yield obedience for the Lord's sake, as to God's & Christ's Vicegerents and Ambassadors. Yea Brother, yourself inform us out of Scripture, pag. 51. That the members of Christ's body are Superior, and inferior; as Pastors, Teachers, Teaching and RVLING Elders, Helps, GOVERNMENTS Bishops (or OVERSEERS) &c. If Christ then be the only Head, King, Ruler, Shepherd, Governor of his Church, and none else, in that sense you object; what will become of these Pastors, Ruling-Elders, Governors Overseers, which you aver, Christ hath fixed in his Churches? What will become of those Independent Ministers, who take upon them (like absolute kings Popes, Lawgivers) to erect gather new Churches of their own forming, and prescribe both Laws, Rules, Covenants, to them which Christ never made? Brother, you must expunge the 1 Tim. 5. 17, Let the Elders that RULE well, be counted worthy of double honor: Rom. 13. 1. Let every soul BEE SVBIECT to the HIGHER POWERS, &c. even for CONSCIENCE SAKE: Tit. 3. 1. Put them in mind to be subject to Principalities and Powers, to obey Magistrates, &c. Heb. 12. 17. Obey them that have THE RULE OVER YOU, and SVBMIT yourselves, for they watch for your souls, as they that must give an account, &c. Remember, Salute all them that have the RVLE OVER YOU: Acts 20. 28. Take heed to the floke over which the Holy Ghost hath made you OVERSEERS (or Bishops) to feed the Church of, God which he hath purchased with his blood. Rom. 12. 8. HE that RVLETH let him do it with diligence. 2 Chron. 9. 8. Blessed be the Lord thy God, who delighted in thee to set thee UPON HIS THRONE, to BE KING FOR THE LORD THY GOD, &c. with infinite other Texts; yea the very names of Kings, Princes, Governors, Elders, Rulers, Magistrates, Overseers, Bishops, Teachers, Fathers, Pastors, Masters, &c. out of the Bible; and all Christian States, Churches, if you will make Christ alone, the only immediate King, Ruler, Governor, Lawgiver of his Church, in the sense you here object it: and that no person nor human power whatsoever, hath or ought to have any rule, power, or jurisdiction in or over the Churches & people of God. But if you mean no more, but that Christ is the only supreme Head, King, Lord, Governor, Lawgiver, Pastor, and Ruler of his Church; and that all other Kings, Princes, Magistrates, Rulers, Pastors, Ministers, Governors are subordinate unto him, as to the King of Kings, Lord of Lord's, and chief Shepherd of his flock • : your proposition is true, but your conclusion miserably false; that therefore there are no subordinate Kings, Magistrates, Rulers, Pastors, Governors, Lawgivers under him, to rule, govern, order, instruct, direct his Churches and people; which the forequoted Texts, your own experience, reason, and the whole world will contradict.
[ 2] Secondly, I shall demand of my Brother, how he proves all his forementioned Paradoxes concerning Christ and the Church, in the sense he propounds them? Or, that his own, or other Independent Churches lately gathered, erected by no other but by men, and consederated by a new Covenant, framed by men, not Christ: to be built governed, ordered only by Christ, and not men? to be the spiritual Kingdom of Christ, &c. whole only King, Governor, Head, is Christ and not man? Or in what Text he can show me any particular Independent Church styled, Christ's spiritual Kingdom and Republic? I find it prophesied. Revl. 11. 15. That when the seventh Angel foundeth, The KINGDOMES of this World (which must be meant of National Churches which you deny, not of Particular Congregations, which are no such Kingdoms) shall become the Kingdoms of the Lord and of his Christ. That all the ends of the World shall turn unto the Lord, and all the kindreds of the Nations shall worship before him: for THE KINGDOME is the Lord's, and he is the Governor among the NATIONS: That ALL NATIONS shall serve and worship before him: That he shall have DOMINION from sea to sea, and from the Rivers to the ends of the earth That all DOMINIONS shall serve and obey him: That the KINGDOMES of the earth shall sing unto the Lord, &c. (All pregnant proofs of National Churches, which should serve and obey Christ:) But that Independent particular Congregations of visible Saints, and they only should be Christ's Kingdom, Republic, and Governed immediately by him, rests yet on my Brothers part to make proof of, when he is able.
Thirdly, I shall request my Brothers to satisfy me & others, by that Texts [ 3] he can make good these Paradoxes of his; That
These general questions being demanded, I shall next address myself to a more particular answer of the premised Objection, by reducing it into these Logical arguments, which will best detect the fallacies imbecillities of it. The first is this. Christ is the only immediate supreme King, Head Ruler and Governor of every particular Church: Ergo, no Kings Parliaments, Councils, Synod, or any human Power can make any Laws, Rules, Canons for the settling of Religion or reforming, Governing, well ordering of any particular Churches of Christ. This is the sum of all my Brothers Passages.
I answer that this is a mere Independent Argument; which will introduce a world of absurdities if admitted; as I shall clear by these following Instances.
1. The Scripture is express That God himself is King yea a great King, over all the earth; That Christ is the ONLY Potentate; the King of Kings and Lord of Lord's yea a great King over all God's: That all the Kingdoms and Nations of the earth are the Lord's and that he giveth them to whomsoever he will • That his kingdom ruleth over all. That his is the greatness, the Kingdom the power and the glory and the Majesty: that all that is in the Heaven and in the Earth are his: that he is exalted as head over all and reigneth over all, That he is Lord and King of all as well of their bodies, estates, as souls and consciences. Ergo, (By my Brothers form of Arguing.) No Kings, Parliaments Potentates Rulers Kingdoms Republics, ought to make any Laws for the government of their Realms publikes, Nations, Corporations, or the ordering of men's persons or temporal estates but God and Christ alone; and all particular Kingdoms, Societies, States, Corporations, Families, are and ought to be immediately subject to no King, Majestrat, Parliament, or human power whatsoever, even in temporal things, but only to God and Christ.
2ly. God is more frequently styled in Scripture The Lord of HOSTS and God of BATTLE, then he is called the only King of his Church; (a Title you can hardly show me in direct terms in sacred writ:) Yea, his power and providence principally appears in mannnaging and disposing all occurrences and particulars concerning Hosts, Armies Battles, as your Brother Burroughs in his Glorious name of the Lord of Hosts, hath largely manifested, Ergo (by this Logic) No King, Parliament, General, Captain or Council of War may or ought to make or prescribe any Martial Laws for the regulating governing, mustering Marshaling, or disciplyning of their Hosts, but God alone.
3ly. Christ is our only Sovereign Lord, Master, Father, Ergo no Landlord Master, Father, ought to prescribe any Laws, Rules, orders for the better Government of their Tenants, servants, families, Children, but Christ alone, by your argumentation.
4ly. Christ is the chief Shepherd, Bishop, Prophet. Teacher and Instructor of his Church, Ergo none ought (by your reasoning) to seed, teach or instruct the Church and people of God, but Christ alone: We must have no Ministers, teaching Elders Pastors, Teachers to instruct Vs henceforth; who are but men and not Christ himself.
5ly. Christ is the only Mediator, Advocate, Intercessor for his Church and people, Ergo none ought by their Prayers and intercessions to soltcite the throne of Grace for the peace, prosperity, reformation and deliverance of Christ's Churches, and people, but Christ alone. Ministers must not pray for their people, nor Saints one for another, noreither of them for the whole Church of God; if your Argumentation be solid.
6ly. If this argument stand firm, then mark the inevitable consequences of it. Independent Subjects will argue with their Princes, Magistrates Superiors, thus. Christ is our only King, Head, Lord. Therefore we must not be subject to any Laws and commands whatsoever, but only to the laws and precepts of Christ, Wives, Children servants will reason thus; Christ is our only Head, Husband, King, Lord, Father, Master. Therefore we will not, we ought not to be subject to any of the Laws, Orders, precepts of our Husbands, Parents, Ministers, but only to the immediate Rules, Laws, edicts of Christ himself. Mutinous or Independent Soldiers will thus argue with their Generalls and Commanders. Christ is our only Captain, General and our Lord of Hosts, Ergo we will be commanded; conducted ordered by none but Christ, not by any other Captain or General whatsoever. Nay people and every member of your Independent Congregations upon any discontent will thus dispute with their Ministers Ruling Elders Congregations. Christ is our only head King, lawgiver. Judge. Therefore neither Councils Synods, nor any Independent Ministers or Congregations may prescribe any Laws, covenants, Orders, or directions to us, or exercise any jurisdiction eclesiasticall over us, or pass any censures upon us, but only Christ himself: Brother, if such Antimonarchicall, Antiparliamentall, and Anarchicall Logic and Divinity be ever taught and believed in the world (which cutts asunder the nerves, and dissolves the very foundation of all Governments and Relations whatsoever whether natural, civil, or Ecclesiastical) what an horrible confusion, will be immediately produced, to the utter destruction of all Kingdoms, Republiques, Churches, Families, Societies, Corporations in the World let all prudent men Judge. Yet this is the dangerous, Logic, this the Foundation stone whereon your whole Independent fabric is built, the absurdities and ill consequences whereof, I trust all will now at last discern.
Secondly, I answer, That though Christ be the only King and supreme Lawgiver of his Church; yet it follows not thence, that therefore no Parliament or human power may or can make Laws to order or govern the Churches and people of God by, but only Christ. For (Brother) yourself will grant. 1. That Parliaments, Kings, and Synods may and ought to make Laws to supposse and punish all manner of Idolatry, superstition, Impiety, prophanenesses, corruptions, Heresies, Doctrines, Opinions, and exorbitances whatsoever in their Churches, Ministers, people, that are contrary to the Word of God, the Laws Doctrine, Government of Christ, or tending to the depravation, disturbance, or prejudice of the Church and Gospel. Secondly, they may publish Laws and Canons to settle and establish the true Confession of the Christian saith, the sincere Ordinances of God, and such a true worship, Church-Government, and Discipline which is most consonant to his Word, throughout all Churches in their respective jurisdictions; yea compel Ministers to do their duties, and people diligently to repair to all the Ordinances of God, to sanctify the Lord's day, and to observe extraordinary days of humiliation, and thanksgiving upon extraordinary occasions. Thirdly, They may enact Laws and Ordinances to settle the places and times of public Worship, and all necessary circumstances w ch concern the same, not peremptorily determined in the Scriptures, & concerning Church assemblies. Fourthly, They may enact Laws for the maintenance of Ministers of all necessary Church Officers, and for prayer, preaching reading the Word, administering receiving the Lord's Supper, concerning ordination, Marriage, siging fasting, excommunication, agreeable to the Word of God. This I presume all will grant and my Brother will not deny: which is all I contend for. Therefore Christ's being the only King, Head, Ruler, and Lawgiver of his Church, is no impediment to Kings, Parliaments, by advise of Synods, to enact such Laws as these; and so the Argument a mere Independent Nonsequitur.
Thirdly, Christ is the King, Lord, Head, and Lawgiver of every private Christian or Member of a Congregation, as well as of every particular, or of the whole Catholik Church; and so by your determination) he is subject to no other jurisdiction then that of Christ, his Spirit and Word: Yet I hope you will grant; that every Independent Congregation, hath a true jurisdiction and power over every particular member of it, yea a legislative power to prescribe a special covenant and such Ecclesiastical Rules, Orders, as the whole Congregation shall think meet, to which they must submit, under pain of excommunication, suspension, Non-communion, and denying baptism to their Infants, as you plainly intimate, (pag. 44. 45▪ 46, 62, 63.) Therefore these titles and Prerogatives of Christ, do not deprive particular Churches of the power of prescribing covenants, Orders, Rules, and Canons to their Members; much less then whole Synods, Councils, Parliaments, of far greater wisdom power Authority then particular Churches: And if private Churches may thus oblige their Members, then much more may Parliaments, Councils, all particular Churches within their jurisdictions: And so much in answer of this grand argument.
The second is this. Christ is the full and sole King, reigning in the heart and conscience of every true Believer, He only is King over every man's Conscience, so as no man nor power on earth may sit with him in this his Throne. Therefore no Parliament, Council, nor human power may prescribe Laws for the Government or ordering of the Church, for then of necessity man should be Lord over the Conscience, which is the highest presumption against the most high.
I answer, That this argument is grounded upon a very sandy foundation; and upon this controversed question, both among Divines, and Casuists; Whether Ecclesiastical or Civil human Laws made and ratified by the supreme civil Magistrates & Parliament, bind & necessarily oblige us to obedience in point of conscience, in case they be not contrary to God's Word, for if they be, all grant they do not bind to obedience in point of Conscience. My Brother here holds the Negative, as an indisputable Maxim, That these Laws bind not the conscience, in point of Obedience to them: A very dangerous, false, unsound Position, tending to mere Anarchy, and contempt of all human Laws and lawful Authority in Church or State: And for my own part, I clearly hold the Affirmative to be an undoubted truth. This question is largely debated and held affirmatively by learned Pareus, Explicatio Dubiorum in c. 13. ad Romanos, Dubium 7. pag. 1413. to 1446. by Musculus, Peter Martyr, Marlorat, and Doctor Willet in their Commentaries on Rom. 13, with other Protestants on this Text, by Ursinus: in Exposit: secundi Praecepti, p. 299. by Theodoret; Ambrose, Beda, Anselm, and generally most ancient and modern Commentators on that Text by Alexander Alensis: Summa Theology: Pars. 2. qu: 120. Artic 2. 3, 4. (with whom all other Shoolemen generally concur:) Paulus Windek: Canonum & Legum Consensus & Dissensus cap. 4. p. 12. Stapleton : in Antid: p. 783. Bellarmine, l. 3. c. 9. De Laicis, Pererius: Disp: 2. Num. 8. by Saint Augustine in Epist: 54. ad Macedonium, and in Tit. Psal. 70. by Saint Bernard, Tract: de Praecepto & Dispensat: With infinite others. Indeed Master Calvin, Instit: lib. 3. c. 9. Sect. 15. 18. and lib. 4. c. 10. Sect. 3. 4, 5. Beza, in Notis: ad Rom. 13. Sibrandus, De Pontif: Romano, l. 8. c. 7. and some others seemingly hold the contrary, yet not generally of all, but of some particular human Laws, I shall briefly lay down the truth of the affirmative part, out of Pareus and Doctor Willet. in these ensuing Propositions, and then propound the Affirmative, and answer the Negative arguments in their Order, to vindicate this truth, now most opposed, when it is most necessary both to be discovered and obeyed. The Propositions are these.
That all just Civil, Ecclesiastical, or Economical Laws and Ordinances made by the King and Parliament, or by lawful Magistrates, Parents, Masters, Tutors, Superiors, which concern the duties of the first or second Table, do bind the Conscience, of themselves, and that simply, both in general, and particular: That all good Laws made for the determining of any necessary circumstances of God's Worship, or necessary and profitable for keeping the Commandments of the first and second Table, the advancement of God's Honor and Service, the propagation of the Gospel, the peace and well ordering of the Church, State, Family; the performance of the external public or private exercises of Religion; Or to avoid scandals, Schisms, Errors, Innovations, Corruptions in the Church, or to bring men to the Ordinances and knowledge of the truth, do of themselves bind the Conscience, at least in general, because they tend to the observation of the moral Law, which we are bound in Conscience to obey. That particular civil and Ecclesiastical Laws, whereby the temporal Law givers not only signify what is to be done, but likewise seriously intend to command it, and to oblige the infringers to an offense, do in particular, and by themselves bind the Conscience under pain of sin and offense of God. That other particular Laws may bind the Conscience, though not of themselves in regard of the thing commanded; yet by accident, when by their violation the Order, Peace, or government of the Church or State is disturbed, the authority of the Law-givers and Magistrates despised, or just scandal given to the Church, State, or any weak brethren. The Arguments to prove these positions follow.
1. Those Laws to which men must be obedient and subject even for Conscience [ 1] sake, and that by God's own command, must necessarily bind the Concience. But to such Ecclesiastical and Civil Laws, as are sore-specified, men must be obedient and subject, not only for wrath, but even for Conscience sake, Rom. 13. 1, 2, 5. Therefore they must necessarily bind the Conscience.
2. Those Laws whose violation draws both a temporal and spiritual [ 2] offense, guilt, and condemnation upon the infringers of them, must needs oblige the conscience, because conscience is sensible of the offense or sin committed, and dreads the punishment of it. But the violating of such human Laws as are forementioned, draws both a temporal and Civil Offence, Guilt and judgment upon men, as the Apostle, yea every man's Conscience, and experience determines. Ergo, they bind the Conscience.
Those Laws and Ordinances which God Himself enjoins us to obey even for the Lord's sake; must of necessity bind the Conscience, to ready obedience, because God Himself. (the Sovereign and supreme Lord of the Conscience) [ 3] commands us to obey them. But God Himself enjoins us to obey the foresaid Laws and Ordinances of men even for the Lord's sake, Romans 13. 1, 3, 5. 1 Pet. 2. 14, 15, 16. Ergo, they bind the Conscience.
4. Every Supreame Power, Lawgiver, Magistrate in commanding such things and making such Laws as aforesaid, is but God's own Deputy, Ordinance, Minister, Vicegerent; in obeying whom we obey, and in contemning whose Edicts, we contemn even God Himself, from whom they derive their Authority, Rom. 13. 1, 2. 1 Pet. 2. 14▪ 15, 16. Ephes. 6. 5, 6, 7. Col. 3. 22, 23, 24.
Therefore their just Laws must needs oblige the Conscience, as being in some sense the very Ordinances and Laws of God Himself, according to that resolution of Saint Bernard. Sive Deus sive homo, Vicarius Dei, mandatum quodcunque tradiderit, pari profecto obsequendum est cura, pari reverentia deferendum, ubi tamen Deo contraria non praecipit homo: Which Augustine thus seconds. In ear sola filius non debet obedire Patri suo, si aliquod Pater ipsius jusserit contra Dominum Deum ipsius. Ubi enim hoc jubet Pater quod contra Dominum non sit, sic audiendus est quomodo Deus, quia obedire Patri jussit Deus: which he proves by God's blessing of the RECABITES for obeying their Fathers command in not drinking Wine Jer. 25. Upon this very ground, Wives are commanded to submit themselves to their own Husbands, as UNTO THE LORD; To be subject to them, in everything as the Church is to Christ, Eph. 5. 22, 24. Col. 3. 8. Servants are commanded to be obedient to their Masters according to the flesh, with fear and trembling and singleness of heart, as unto Christ. Not with eye service as men pleasers, but as the servants of Christ doing the will of God from the heart; with good will doing service as Unto the Lord not to men: knowing that whatsoever good thing any man doth, he shall receive from the Lord, for YEE SERVE (herein) THE LORD CHRIST. If servants in obeying their Masters, Children their Parents, Wives their Husbands lawful commands serve and obey, the Lord Christ Himself: as the Scripture positively resolves, then Christian subjects and Churches in obeying the lawful Ecclesiastical or Civil Laws of their Princes and Parliaments, obey and serve Christ Himself therein, and so do they who enact them; and not commit the highest presumption that can be against the most Highest, as my Brother objects, without any authority but with his Ipse dixi.
Fifthly, Paul did endeavor and exercise himself to keep a good Conscience always both towards God and Man; (by obeying the just Laws and commands of man, as well as of God; as some Interprets expound it) Acts 24. 16. Yea Peter commands servants to be subject to their Masters with all fear, not only to the good and gentle, but also to the froward; and even for CONSCIENCE TOWARDS GOOD, to endure grief, and suffer wrongfully from them: and by the 1 Peter 3. 16. We are enjoined to have a GOOD CONSCIENCE Towards men who speak evil of us: Whence thus I argue. If a good Conscience must be carefully exercised and kept as well toward the lawful precepts and laws of Man as of God, then certainly they bind the Conscience as well as the Law of God: else what had conscience to do with them? But the supposition is most evident by the former texts; Therefore the deduction thence.
Sixthly, If such Laws should not bind the conscience and inward man to the cheerful practical obedience of them; but only the purse and outward man, the obedience to them would be lame or slavish; the Laws Nugatory, and contemptible, the end of the Laws (which is cheerful obedence to them for the advancement of God's glory, and the public good of Church and State) frustrated; and the contempt of them no sin at all, against the fifth Commandment, and the precepts of obedience to the higher Powers, Magistrates, and Rulers over us as all Expositors on the 5th. Commandment resolve it is.
7. The violating of such just Civil and Ecclesiastical Laws as these will cause, violating whereof a tender true in lightened conscience will check a man for, and accuse him, as guilty of an offense: Therefore, They must certainly oblige the Conscience, else it would not check at such a violation, and acquit and cheer a man in case of ready Obedience; as every man's experience can attest, if he narrowly watch his conscience, in case it be not feared.
Eighthly, Disobedience to the just edicts, Laws of Magistrates, Governors Parents, Natural, Civil, or Ecclesiastical, are particularly branded both in the Old and New Testament, at heinous sin • , and capital offenses punishable in some cases, with imprisonment, banishment, confiscation of goods and death it self: And on the contrary, cheerful obedience to them is not only commanded but commended by God Himself, in, by, and for whom they rule and command, as the marginal Scriptures fully manifest: Therefore undoubtedly they bind the Conscience. And so all Parliaments, Law-givers ever held and believed, else they would never take care or pains to enact or publish Laws.
Finally, Princes, Magistrates, and Parliaments, may and ofttimes do prescribe solemn Oaths and Covenants to their people, to observe both God's just Laws, and their own to, as is clear by the Marginall Texts: by 28 H. 8. c. 10. 1 Eliz. c. 1. 3 Jac. c. 4. which prescribe, an oath of abjuration of the Popes Authority; the oaths of Supremacy and Allegiance, with infinite other Acts, enjoining sundry other oaths: and by the late Protestation, Vow, and National Covenant, made and imposed upon all by the present Parliament. Now these oaths and Covenants do without all controversy bind the Conscience to observance and obedience in the highest degree; Therefore questionless these their oaths, Laws, Covenants bind the Conscience; else we might with safe Conscience refuse and violate them at pleasure, which none dares affirm they may, who hath any sparkle of Conscience remaining in him.
I shall now propound and answer the principal contrary Objections, which are these.
1. It is, contrary to Christian liberty, and a plain tyranny, that human Laws should oblige the Conscience, Christ having freed us from all human Ceremonies Laws, obligations; and the Scripture enjoining us, to stand fast in the liberty wherewith Christ hath made us free, and not to be again entangled with the yoke of Bondage: Not to be the servants of men: Not to be subject to Ordinances, as touch not, taste not, handle not (which all are to perish with the using) after the commandments and Doctrines of men: If therefore human Laws should bind the Conscience, Christian liberty would be destroyed, and tyranny over consciences introduced.
1. Answer; 1. That it is no ways repugnant to, but very consistent with Christian liberty, to be obliged to obey all honest, just necessary, Laws, all decent, and convenient, things which may advance God's glory, worship, the peace, weele or prosperity of Church, State, our own felicity, and are consonant not repugnant to God's Law: Neither do the objected scriptures extend to such Laws or Edicts at these.
2. That Christian liberty which Christ hath purchased for us is not an exemption or freedom from the obedience of human Laws, but from the dominion and power of sin, the yoke and bondage of the Ceremonial Law abolished by Christ's death, from the exact performance and condemning power of the moral Law, not from obedience to it, and from placeing inherent holiness o • any matter of Religion, worship, conscientiousnes in things merely indifferent in themselves, as Mr. Calvin with others, who write Deliberitate christiana, with most Commentators on the Galatians resolve: yet Magistrates may command such things to be done or not done, for 〈◊〉 , order, peace, and other public ends, (so as they place no inherent holiness, religion or worship in them) and Christians are bound to obey them therein, without infringement of their Christian Liberty. Thirdly, As to the Texts objected. The first of them is meant of the Ceremonial Law, and moral to, so far forth as to seek justification by it, or to be under the rigor and condemning power of it; Not of just human Laws. The next is intended only of • men-pleasers, who flatter men in their lusts, pleasures, errors, or obey their unjust commands repugnant to the will of God; not of obeying the just Laws or precepts of Kings, Parliaments, Magistrates, Parents, Masters and other superiors, for then there shall be no servants, no subjection or obedience at all to superiors in this world, and this Text should repeal the 5. Commandment, with all other precepts of obedience, given to subjects, wives, children, servants, if thus expounded, For that of the Colossians 2. 20, 21, 22. it appears by verse 14, 15, 16, 17, &c. that it is spoken only of the Ceremonial Law, and of that Ceremonial holiness or intrinsicall uncleanness which some did put between meats and drink • s, which were indifferent in themselves, as is most clear by comparing it with Acts 10. 10. to 16. Rom. 14. 2, 3 to 23. 2 Cor. 8. 1 Tim. 4. 3, 4, 5. Therefore it makes nothing against the Ecclesiastical or Civil Laws of Princes and Parliaments, who may command abstinence from flesh and such particular things, creatures, at certain times, for lawful civil ends, which we are obliged to obey; though not out of any religious or superstitious respect, as if the creature it self were unlawful at such times by any divine precept, or in its own nature, our Statutes and Homylies concerning Fishdayes define.
The second Objection is this, That the civil power is temporal, and the end of civil Laws external or temporal peace and order. Therefore they bind not the Conscience.
I Answer, That the end of Ecclesiastical Laws is not merely temporal, but spiritual and Ecclesiastical: Therefore the objection is not solid. 2ly. Admit the power he but temporal, inregard of the object or end, yet internal and outward obedience to those Laws is the principal thing intended in them, which none can with safe conscience deny, where the Laws are just & necessary.
The third is, That Magistrates, Parliaments and their Laws, have nothing to do with men's consciences, which they cannot judge or discern, but only with th •• outward actions: Therefore they cannot bind the conscience.
I answer, that though Majestrats have nothing to do with nor can judge of men's consciences or opinions simply considered in themselves & concealed, yet they have to do withal their external actions flowing from, & regulated by their consciences and opinions; Therefore they may bind the conscience as it is Practical, & punish Atheists, Heritickes Papists, Idolaters, when they openly appear to be such. 2ly, The very Law Of God hinds the conscience to obey all just commands of higher powers; therefore such commands even by virtue of God's own precept, oblige the conscience to internal obedience, as well as the body to external.
The 4th. is, That Princes and temporal Magistrates cannot inflict inward and spiritual, but only temporal and external punishments. Therefore they cannot bind the conscience.
I Answer, that men may bind and deliver others over to such punishments as they cannot immediately inflict: The Church may deliver men over even for ecclesiastical offenses to the secular power, which they cannot exercise, and to temporal punishment which they cannot inflict: yea they may deliver (a • they hold) men ever unto Satan, and to the judgment of God at the last day, which they cannot actually execute: Magistrates do frequently punish the breach of God's Laws with temporal punishments, yet by this God's Laws become not temporal and unobligatory to the conscience: So God on the other side may and doth 〈◊〉 the violation of just human Laws with spiritual and eternal punishments (Magistrates being but his Vicegerents, Deputies, and the contempt of their just Laws, a contempt of God himself,) Therefore the Argument holds not.
The 5th. Objection is this; that the conscience only respects God: therefore nothing can bind it but God's own Law, which is spiritual.
I Answer, That the conscience respects as well men as God, Act. 24. 16, therefore the just Laws of men (as I have proved) as well as of God, 2ly. The conscience looks upon the just Laws and precepts of men, not merely as human Laws, but as proceeding from the Ministers and Vicegerents of God himself whom they represent, and whom God himself frequently enjoins us to obey.
The 6th. Is this No one man, and by consequence not all men's consciences in the world may or can Judge another man's conscience; who standeth or falleth 〈◊〉 his own Master: Rom. 14. 4. 16. Ergo they cannot make Laws to bind the conscience.
I Answer, first, that this text speaks only of private Christians Judging one another in things indifferent (as meats, holy days &c.) when and where there is neither law of God nor man, inhibiting the free use or refusal of them, at the whole Chapter manifests. Therefore it makes nothing against necessary ecclesiastical • Laws, Canons obliging men to obedience, even in point of conscience. 2ly, The Apostle expressly concludes in this very Chap. v. 14. to 23. That in case of giving scandal and offense to weak Brethren, we ought to abstain from the very use of lawful & indifferent things, even out of conscience of the scandal & hurt don thereby, not simply of the things themselves, though there be no law of God or man restraining or altering the indifferency or lawfulness thereof & that without any impeachment of Christian liberty. Therefore when necessary or convenient things merely indifferent in their nature, are enjoined by Superiors just Laws, or inconvenient indifferent things prohibited for the public good or peace, they ought much more to be submitted to without impeachment of Christian liberty, out of Conscience of the Law, and scandal which would follow the volation thereof; and in obedience to the general Law of God, which commands obedience to such Laws.
The 7. Objection is this: There is one Lawgiver which is able to save and to destroy, (to wit God • who art thou that judgest another, I am. 4. 12. Ergo none can make laws to bind the conscience, but God. I answer 1. that there is but one supreme absolute Lawgiver which is God. Is. 33. 2. which excluds not subordinate ones. 2ly. The Apostle saith not, that there is ONLY one law-giver, that can save and destroy: neither will the words infallibly conclude, there is but one such: since human law-givers can make Laws to save or destroy, the lives, bodies and Estates of men (as appears by Scripture, and the Laws of all Nations) though not their Souls, as they are mere human Laws; but only collaterally, as the willful contempts and violations of them are sins & breaches of the very law of God prescribing obedience to those Laws, in which sense they may secondarily destroy the very souls of men.
Thirdly, This Text takes not away the power of making necessary temp • rall or Ecclesiastical Laws (for then no such Laws could possibly be made by any) But the meaning of the Apostle is this; That only God the Supreame Law-giver, is able by his Law to make any indifferent lawful thing, necessary or unlawful, in it self, in point of Religion or conscience; and to change the mere indifferency of it, into a thing simply good or evil: and not human Law-givers. Therefore we should not judge or condemn one another in the use or neglect of those things which God himself hath left indifferent, where there is no circumstance of scandal, or contempt of human Laws to engage us to use, or not to use them. But it reacheth not to such human Laws, Civil, or Ecclesiastical, which command or prohibit things agreeable to the rules of God's Word; or things necessary and expedient for Order, Decency, Peace, avoiding of scandal and other mischiefs; which Laws (as Doctor Willet himself, who makes this objection affirms) do bind the conscience, notwithstanding this objected Text. And thus much for my Brothers first general Objection.
His second is this, That the Scripture holds forth, and Christ in the New-Testament presoribes and lays down unto us, but ONLY ONE (and that a most complete and exact) form of Church government and Discipline, which ought not to be altered or varied from in the least title, being a part of the Gospel, and must be BUT ONE and THE SAME in all Nations, Churches in all ages throughout the World, & precisely observed by all Churches without the least variation. That the Independent way alone is this divine unalterable Evangelical platform. Therefore nor King nor Parliament (though assisted with a Synod of most pious, and learned orthodox Divines) justly may or can of right, make any Ecclesiastical binding Laws for the government or Discipline of the Churches of Christ within their Jurisdictions; it being indeed a mere adding to the Word of God, prohibited under a curse. Deut. 4. 2. c. 12. 22. Prov. 30. 6. Rev. 22. 18, 19. Thus my dear Brother, and other Independents Argue, with more confidence than evidence of Scripture.
To which I answer first: That though Christ and his Apostles have instituted in the Gospel all necessary Church-Officers, as Evangelical Bishops, Elders, Ministers; Deacons, Pastors, Teachers, &c. and likewise given some general rules for the Government, and Discipline of his Church, yet he hath neither instituted nor prescribed any such unalterable complete exact form of Church-government and Discipline in all ages and Churches, in the New Testament, as is pretended by many, not evidenced by any. My reasons are these:
First, Because no such exact and punctual platform is or can be clearly demonstrated [ 1] to us nor discovered by us in the Scripture upon most diligent scrutiny: Quod non lego, non credo: hath always been reputed a solid Argument in matters of Divinity and divine institutions. The Apostle Heb. 7. 13. 14. argues thus negatively even in the point of Christ's Priesthood: because Moses spake nothing of the Tribe of Judah concerning Priesthood: And God himself argues thus, Deut. 9. 12. 15. Ye saw no manner of similitude, therefore ye shall make no likeness or image of me. I may safely argue negatively in like sort. The Scripture speaks nothing of such an exact universal Platforme: and we see no image or similitude of it in the Gospel: Therefore there is no such.
Secondly, Independents have been frequently pressed to show us any such [ 2] exactform of Church-government instituted, and generally prescribed to all ages, Churches in the Bible: yet none of them, nor my dear Brother, have hitherto been able to show it, though they have ofttimes promised it. Therefore we presume there is no such. Shew us but some clear Texts to manifest [ 3] it, and we will believe you without more dispute: till then, though you were [ 4] Angels from Heaven, we dare not credit you, without a word to build on.
3ly, Because some Independents themselves (& one Anonymous who hath published a malicious Answer to me full of virulency against Presbytery & the Scots) positively deny any such universal platform, concurring fully with me in opinion.
Fourthly, Because the Churches of God, ever since the Apostles days have in several Nations, Republics, States and Conditions had different forms of Government, Discipline, Ceremonies, administrations in some particulars (as the Independent Congregations of Brownists, Anabaptists, Familists, &c. differ in sundry things of moment among themselves) and yet have ever been reputed true Churches of Christ. The Churches of England, Scotland, France, Geneva, Germany, Ethiopia, Russia, Greece, Bohemia, and the Netherlands vary one from another in their Government, Discipline Rites, Ceremonies, & in some points of Doctrine, and are not Independent: yet none of our Brethren (I suppose) will be so uncharitable, as to deem them all Antichristian, opposers of the Kingdom and Government of Christ, and no true Churches; as they must of necessity be, if Church-government be a part of the Gospel, & one uniform unalterable Government universally prescribed to them all.
Fifthly, Because the Gospel never intended to subvert, diminish, cross, [ 5] or destroy the lawful civil political Governments, Laws, Customs of Kingdoms, Nations, Republics, (which are God's own Ordinance, as well as Churchgovernment) since one Ordinance of God doth not cross or thwart another. Now the lawful Governments, Customs, Manners of most Nations, Kingdoms, Republiks, being various & different one from another, & the Gospel to be equally preached to them all & some, Church-government erected among them all: and the condition of the Church (whiles militant in this world) being as full of changes as the Moon; sometimes tossed with the boisterous waves, & almost drowned in the floods of affliction; Sometimes totally ecelipsed and driven into the wilderness in one place, yet slourishing or less troubled in another: Othertimes in a prosperous peaceable condition. Sometimes under Pagan or impious Princes and Magistrates, other whiles under more or less pious Christian Kings and Governors: sometimes in a more pure light some, otherwhiles in a more corrupt & ignorant condition; Sometimes over-grown with heresies, schisms, Innovations; other-times holding forth the truth more clearly, and purging out of all errors: sometimes requiring a more sharp and rigorous Discipline, other-times a more mild and gentle: Yea some Nations being more barbarous, fierce, obstinate, vicious, proner to some kind of vices, sins, corruptions then others, and so needing a Discipline, Government, somewhat discrepant from those who are more civell and ingenious; Some using one gesture of prayer, adoration administering the Sacrament some another: as some bowing, others kneeling, others prostration, some knocking of the breasts, some bare-headed, others covered some vayled, others unvayled; some sitting at the Lord's Supper in one manner, others in another, Some kneeling, others standing; some using dipping, others sprinkling, others washing in baptism; someone kind of tongue, tone, tune, gesture in singing, Preaching, Praying, others another: (which is all I meant in my first and second Queries, by the manners and customs of the people; which my dear Brother mis-interprets as meant of their superstitious and corrupt customs, not their civil, which I only intended.) Some one form of Temples, Churches, Tables, Pulpits, Chalices, Vestments, others another; and all Nations not having the self-same opinion, judgment of the lawfulness or conveniency of one sort of Church-government, as of another; I conceive there was a kind of necessity under the Gospel, of leaving divets things in Church-government and Discipline, more indeffinite and arbittary then under the Levitical Law, given only to the Jewish Nation and that not for perperuity, but till the Gospel came which see them free from that yoke of bondage, and left them and all other believers at greater liberty than before. This I conceive to be the true reason, why there is no such precise universal set form of Church-government and Discipline, punctually prese • bed without the least variation to all Nations Churches in the New Testament, as you say was to the Israelites in the old.
[ 6] 6ly. The Government and Discipline of the Churches of Christ hath been always more or less variable in every age, and never continued uniform, constant, unalterable in any age as the fundamental Doctrines of the Church have done. We are able to produce Professors of the Doctrines maintained in the Protestant Churches in all ages the Doctrine of the Gospel being universally the same and unalterable. But no creature is able to demonstrate a succession of any one kind of Church-government & discipline in all ages or Churches, be it Presbyterial, Episcopal, or mixed of both, much less any series of Independent Churches. Therefore certainly there is no such universal divine set form of Church-government and Discipline, essential to the being of a true Church, prescribed in the Scriptures, as some have fancied; for then it would have had a being in some part or other of the world in all ages, as well as the Doctrine of the Gospel and the Sacraments.
7ly. All Independents reach, that there is no set form of public Prayer, [ 7] Liturgy, preaching, administering the sacrament in every particular, nor yet of the matter or fashion of Churches, Tables, Chancels, Vestments, Gestures of Worship prescribed to all Churches, Nations, in all ages, without variation, yea they reject all set forms of public Prayers, administration of the Sacraments and Liturgies in Churches as Antichristian, unlawful, or unexpedient at the least, though they can hardly prove them such. If then there be no set form of public Prayers, Liturgy, Preaching, administering the Sacraments &c. prescribed to all Churches in all ages without any variation, and every Minister be 〈◊〉 at large to use his own Method and manner of Praying, Preaching, administering the Sacraments, Chatechising as Independents affirm, provided it be generally consonant to the word; Let them render me a solid reason (if they can) why there should be only one universal unalterable divineforme of Church-Government and Discipline precisely imposed on all Churches, Nations, ages alike, without the least variation: else they must of necessity grant as great a liberty and indefinitenes in the one as other; and that there may be as many different forms of Church-Government and Discipline, as of preaching, praying, Singing of Psalms administering the Sacraments &c. provided they be all decent & agreeable to the general rules of Scripture, though not particularly prescribed therein. [ 8]
8ly. All grant there is no immutable universal set form of Civil Government prescribed to all Nations, Republickes, Cities, Families, Christian or Ethenicall, 〈◊〉 they have a liberty left them to elect what civil government they by public consent shall deem most convenient: provided it be generally agreeable to God's Word, which hath prescribed general rules applicable to all civil Governments, actions, as well as Ecclesiastical, and spiritual, though no one Government in particular: And why the Government of the CHURCH MILITANT should be more particularly uniformly, unalterably, said down in scripture, then the Government of Christian Kingdoms, Nations, states under the Gospel; (which leaves both of them equally undetermined since both of them were alike limited among the Israelites under the Law, no rational man cangive any solid reason; Christ being King of Kings, & Lord of Lord's, yea a great King over all the Earth; the only Potentate and Lord of Kingdoms, Nations, Republiques and of men's bodies, estates, as well as KING and Lord of his Church Saints or of men's souls and consciences.
9ly. There was not only one uniform Church-government at first under the Gospel, in all Churches no not in the Apostles times: for in the original gathering and planting of the Christian Churches, they had at first only Apostles & Brethren no Elders, or Deacons: After that, their Churches increasing, they proceeded to elect, ordain Deacons in the Churches of Jerusalem, and afterwards some other Churches (though not in all for ought we read) Not long after the Apostls ordained Elders in Churches, which had none at first: after that Widows in some Churches, not in all. In the primitive Churches, some Congregations, had Apostle s, Evangelists, Prophets, workers of miracles, Healers by miraculous extraordinary gifts of healing, men endued with diversities of Tongues, Interpretation of Tongues, GOVERNMENTS. (that is, men gifted with an extraordinary faculty of Governing Churches;) all which the Scriptures & many Divines distinguish. Other Churches at that time had none of these Officers or members; and all Churches have been deprived of them since those days, these Officers not being perpetual, but temporary, as all acknowledge though Christ might have continued a succession of them still, had he pleased Therefore the Government and Officers of all Churches not being de facto one and the selfsame in all particulars in the very Primitive times, as well as since, it can never be proved to be of divine right but one & the sel same in all succeeding ages, without the least variation, since it was not so in the Apostles days.
10ly. The Apostles speech, 1. Cor. 12. 4, 5. 6. &c. There are diversities of gifts,
[ 11] Eleventhly, It must be granted to me, till disproved; that before the Law, from Adams Creation till Moses, there was no one universal set form of Church Government and discipline enjoined to be observed by all the world, from which none might vary in any particular. That under the Law it self there was one form of Government, Worship, Discipline, Ceremonies, and Solemnities to be observed in the Wilderness, another in the Lind of Canaan; One form in and under the Tabernacle revealed by God, described by Moses; another in and under the Temple, shown by God and appointed by David and Solomon: Yea the second Temple and its Ornaments services differed somewhat from the first, and all of them expired when the Gospel came; If then there were no one universal constant form of Church-Government, Discipline, before and under the Law it self: then by parity of reason (till direct Scripture proofs be produced to the contraty) there neither is nor can be any such under the Gospel. [ 12]
Twelfthly, The Scripture (as all must acknowledge) gives not many particular, but mostly general Rules for the Government, and regulating of our thoughts, words, actions, lives Children, Servants, Families, callings, the fashion of our apparel, gestures, eating, drinking, sleep &c. Yea the promises and threatenings in it are for the most part general, and indefinite, yet appliable to every particular person, and occasion: If then there be for the most part only general Rules, precepts, (which admit some Latitude and variety in particulars) prescribed to us for the very ordering and regulating of our thoughts, words, actions, lives, apparel, meat, drink, &c. Then certainly there are but general Rules and Precepts given us for the Government, & Discipline of the Churches, which admit varieties of Government, discipline in sundry particulars (so as they agree in the general with the Word, and be not repugnant to it) as well as the general Rules for regulating our words, thoughts, actions conversations, callings, apparel, meat, drink and family Governments, admit of variety, which more immediately concern every man, then the more remote, and general Government of the Church.
But against this my Brother Burton Objects. 1. That God in the Old Testament did give this charge to Moses: See that thou do all things according to the pattern shown thee in the Mount, He must not vary ONE PIN; And when the Temple was built, God was so exact in this, that he would not leave it to David himself, though both a King and a Prophet, and a man after God's own heart, to set up what worship he pleased in the Temple, but God gave him an exact pattern of all, and that not only by his Spirit, but in writing; that he might neither add to nor omit IN THE LEAST TITLE, 1 Chron. 28. And it was never left to the Kings of Judah, to do the least thing in point of Reformation, but only to see, that the Priests do all strictly according to the prescript rule of the Law, 2 Chron. 31. Now was the great Law-giver so strict under the Old Testament, and is he grown over remiss under the New? In Ezekiel's vision of the Temple or Church under the Gospel, Ezekiel. 43. 10, 11. We read of a pattern, of every particular thing belonging to the House of God, exactly set down and measured by God's special rule and direction, Ergo There is a most exact rule set down for the Government of all Churches under the Gospel in all particulars, even to a Pin from which they must not vary in the least point or title: Else a sluice would be opened to drown the whole world in supestition and error.
I have elsewhere given a full answer to this common objection, and manifested the absurdity of it, to which my Brother hath not given the least reply; and (because much insisted on) I shall once again answer it here with some additions.
My Brothers first Argument from the premises, if turned into a logical form, is this.
God in the Old Testament shown and prescribed to Moses in the Mount, an exact pattern of the Tabernacle and its implements, from which he must not vary in one Pin, or Title.
Ergo, He hath prescribed an exact uniform, universal model of Church-Government, and Discipline under the Gospel for all Churches, Nations, Ages whatsoever, from which they must not vary in the least Pin, or Title.
What an Independent argument this is, will appear; First by considering, that the Tabernacle (as all well know) was no part of the Congregation or living Church of the Israelites, (made up only of Circumcised persons, of which our present controversy, concerning Church-Government is meant,) but only the place wherein the Israelites met to Worship God during their Pilgrimage in the Wilderness, which Tabernacle ceased when the Temple was built, and the Ark placed therein, it being in truth naught else, but a material moveable Temple, answerable to our Churches, Chapels, and places of public meeting for God's Worship now, but only in its moveablenesse: The like may be said of Solomon's material Temple: what Argument can then be deduced thence to prove such an exact form of Church Government settled under the Gospel as is objected, I cannot conjecture.
Brother, I beseech you tell me in good earnest what you think of these following Arguments which may be retorted on you from this pattern, with far more probability and reason then this objected.
First, God in the Old Testament prescribed the height, length, breadth, compass, form and materials of which the Tabernacle, Ark, Altar, Curtaines, Candlesticks, Sockets, Rings Staves, and every pin, vessel, utensill belonging to the Tabernacle should be made, and expressed the same most punctually in writing, commanding Moses to make all of them according to the pattern shown him, and not to vary in one Pinne: as you may read, Exod. cap. 25. to c. 40.
Ergo, Christ in the New-Testament hath a punctually prescribed to all Christians, nations, in as direct words, the express form, matter dimensions, portraiture of all Christian Churches, Temples, Chapels, and all Tables, Chalices, Pulpits, Pues with other Appurtenances to them belonging, from which they must not vary in one pin or title.
Secondly, God in the Old Testament appointed particularly and by name, who should build the Tabernacle, and make all the Implements, sur • ure there belonging; and appointed by name, B • zaliel, and Aholiah, to be the chief workmen; And every wisehearted man and cunning Artificer, employed in this building, this Architecture, whom God himself endued with special skill, wisdom and ability for this work, (not any Priest or Levite) Exod. 31. 1. to 10. chap. 35, 30. to 31. c. 36. 1. 2, 3. &c. c. 37. to 40. Ergo, none but those Artificers, whom God doth immediately name and endow with extraordinary gifts from Heaven; None but Embroyderers, Gold-Smiths, Carpenters, Ioyners, Carvers, Masons, (not Ministers, Presbyters, Deacons or Evangelical Pastors) must under the Gospel, build up the spiritual Churches of Christ, and settle the true Government and Discipline thereof.
Thirdly, The very frame, fashion, Colour and materials of the holy Garments which Aaron and his Sons should wear when they came to minister before the Lord, were expressly set down, and the use of them enjoined under pain of death, in the Old Testament, and were a part of the pattern shown to MOSES in the Mount, from which he might not vary in one Pin, or Title, Exodus c. 28. and 29. and 39. and 40.
Ergo, The very form, fashion, matter, and color of all Ministers, Elders, Deacons Garments in which they should minister, is as punctually prescribed and limited under like penalties in the Gospel, from which they must not vary.
Fourthly, The Tabernacle and Temple too, under the Law were made and built by the hands of men, and were only corporal, not spiritual buildings in the spirits of men. Ergo, the Church under the Gospel is such to: And then what will become of your strange determinations. p. 49. 50. That the Church is a spiritual house, whose ONLY BUILDER is Christ, and NOT MAN &c.
Fourthly, This pattern in the Mount, was shown and delivered by god, only to Moses the Temporal Magistrate, not to Aaron, or the Priests; and he was to make and see all things made according to this pattern without the least variation; by the help of Bezaliel and other lay-Artificers. Ergo, the framing, settling of Church-government & Discipline under the Gospel, belongs wholly or principally to the supreme temporal Magistrates, and to such Lay Artificers, as they shall please to take to their assistance; Not to Bishops, Presbyters, Ministers, or any Ecclesiastical, persons.
Brother, If you grant all these four Arguments absurd, false, or incoherent, as I presume you will, then by the self same reason, your own Argument must much more be so. And therefore I beseech you now at last to consider, on what false sandy ground and absurd Inconsequencies your Independent Churches are built.
Secondly, I pray inform me, Brother, if you are able: If there be such an exact apparent unalterable form of Church-government prescribed under the Gospel, as there was of the Tabernacle, Altar, Temple in the Old, in all particulars; why the one is not as clearly and punctually set down without any obscurity in the New Testament, as the other is in the Old? If you can show us any such unalterable form entirely delineated all together in precise, direct terms in the one, as we can show you to in the other, the controversy would be ended without more dispute. But since this cannot be done; and your self confess in your Margin p. 6. (which contradicts and subverts your Text) We do not say the same things are prescribed under the Gospel, NOR DOTH IT COME TO SUCH CIRCUMSTANTIALS; but we say, (and I say so to) what it prescribeth, • s to be kept (and so say all, but what that i • is the question:) and page 5. in the Margin, Not but we grant AVARIETIE in the method and manner of preaching the Gospel in point of circumstance, so as the substance be kept, &c. SO IN CHURCH GOVERNMENT whereas you aver, Moses and David might not in the building of the Tabernacle and Temple VARY IN ONE PIN OR TITLE, in your Text: I shall thence retort the Argument here upon you thus.
The form of the Government of the Church under the Gospel, is not so fully or particularly held forth, in direct terms in the New Testament, as the pattern of the Tabernacle and Temple was in the Old: Neither is there any such precept in the New, not to vary in the • east Title from any frame or pattern of Church-government therein prescribed, as therewas for not varying from their patterns in the Old.
Therefore there is no such exact punctual form of Church-Government therein instituted or prescribed, as is pretended.
Thirdly, Admit the Argument true; yet then the great question remains unresolved, Whether your Independent form only, be this pattern in the Mount prescribed in the New Testament? This I am certain neither the pattern of the Tabernacle, Altar, Temple, nor Ezekiel's measuring of the Temple will ever be able to evidence, neither by way of argument, nor illustration; And therefore you may do well to insist no more upon them, unless you will make the world swallow down this Independent Logic & Divinity.
Moses had a pattern of the Tabernacle shown to him in the Mount and David the pattern of the Temple shown him by the Spirit, both of them put into writing; and Ezekiel did set down the pattern and frame of the Temple, and measured it exactly, Ergo the Independent New-invented Government is as exactly de • ineated and set down in the New Testament as these in the Old; yea the only way, and Government of Christ, from which none must vary in the least Title.
The second Argument from David & the Temple, That he gave Solomon an exact pattern of the Porch, Chambers, Vessels, Mercy-seats, Treasuries, and whole Fabric of the Temple, not only by the Spirit, but in writing, from which he might not vary in one title, Ergo there is a set form of Church-government and Disciplin prescribed in the Gospel and the Independent it: Receives the same Answer, and is as incoherent as the first, wherefore I shall pass it by with these brief observations. 1. That this Pattern was shown by the Spirit to David, and by him delivered in writing, to his Son King Solomon, (the supreme temporal Magistrate, who built the Temple and followed this Pattern) not to the High Priest, or any other Priests or Levites; who were to be ordered directed, by David and Solomon (not they by them) in the services of the Temple. Therefore if any good conclusion can be deduced hence, it will be this; That under the Gospel the ordering, settling of the Government; Discipline and Ministers of the Church, belongs to the supreme temporal Magistrate, as it did under the Law, not to the Priests, or every particular Independent Congregation who now usurp this royal uthority without warrant or president▪
Secondly, This pattern was exactly set down in writing (as you object) distinctly by it self and delivered unto Solomon to follow, But you can show no written pattern, for your Independent, or any other precise universal setteforme of Church-government or Discipline delivered unto any particular person, Church or Nation, under the Gospel, nor distinctly set down by it self in the New Testament, Therefore there is no such prescript form.
Thirdly, This Pattern was principally of the materials fabric, Altar, Porch, Chambers Vessells and furniture of the Temple not of the Government of the Church and Congregation, neither was there one fillable in it concerning Ecclesiastical Discipline, or Church Censures: Therefore you can only apply it to material Churches under the Gospel, and infer thence, Ergo there is a prescript pattern of the materials, form, fashion, Porches, Chambers, Vessels, yea Altars, for all our Churches, Chapels given and prescribed to us in writing in the New Testament (if you can show us where) as there was to Solomon of the material Temple, in the old, not of the Discipline and Government of the living Temples, or Congregations of Christian men, the only Church whose fabric, Government and Discipline is now in question.
Fourthly, When the Temple was built and consecrated the Priests, and people's services, Ceremonies, attendance in and about the Tabernacle wholly ceased; though appointed by God: and soe the very Form, Ceremonies and services of the Church under the Law, were both various and changable: yea, when the first Temple was destroyed, the Temple-services ceased, till the second Temple was built, much different and inferior improportion, beauty, Ornaments, materials, & some services from the former, all the services whereof expired by Christ's death and were abolished soon after upon the destruction of Jerusalem, If this president, then, of the Temple, hath any weight, it is to sway the balance on my side; that there is no one unversall unalterable set form of Church government in all particulars prescribed to all Churches under the Gospel, but such as admits of some variations and changes, as the Tabernacle, Temples & their services did, provided they be suitable to the general rules of God's word, and not repugnant thereunto.
The third argument, That Ezekiel saw the pattern of the Temple in a vison & measured it with the parts, Chambers, Court, Altars, & Implements thereof, in all their dimensions, and was to show them to the people; which house was a Type of the Church under the Gospel, (as is said not proved.) Ergo, there is a set form of Church-government held out and shown to us under the Gospel, and the Independent Platforme it; Wants bones to support, and sinews to knit it together: For▪ first, his measuring and vision was only of the Jewish Temple and no other, which was but one, not of their Synogogues (much less, of our material Christian Churches now) which were many, Acts 15. 21. Ps. 74. 8.
2ly This vision and measuring was not of the Government, but only of the fabric Chambers Court, Altar, of the material Temple, long since abolished: and our Churches under the Gospel neither have nor ought to have any such Chambers, Porch, dimentions, courts altars, Implements as that Temple had, or as Ezekiel saw or measured. If then this vision prove nothing for set forms or patterns of material Churches, Porches, Churchyeards, Altars, (not yet for the use of Altars) under the Gospel, as you will grant, I am confident they can prove less then nothing for any such set form of Church-government and discipline as is pretended, which Ezekiel saw not in his vision, nor ever shown to the people, and yet appears not fully in the New Testament. Perhaps Bishop Montague from this vision and the two former Patterns, deduced, his Assize of surplesses and pattern of the new Altars Rules, &c. prescribed to be inquired of in his Visitation Articles; But I hope my dear Brother cannot spy out any such vision, nor deduce any such conclusion from this Text, nor from that of measuring the Temple, & Altar in the Revelation, which I have elsewhere answered, and shall here omit.
The 4th. Argument from Dutr. 4. 2. c. 12. 31. Proverb. 30. 6. Reu. 22. 19. That God hath prohibited any addition to the Book of sacred Scripture under a plague, and heavy punishment Ergo there is a set form of Church-government and discipline prescribed in the Gospel, which none may vary from by addition or diminuition.
Is a mere Non-sequitur. For first, these Texts speak only of Additions to the Books, Doctrine, Histories & Prophesies of the Canonical Scriptures then written (as my Brother acknowledgeth, and the Texts infallibly prove) not of any Church-government Discipline, Ceremonies under the Gospel, not so much as mentioned or imagined in them, Therefore (Brother) you do very ill for to wrest these Scriptures thus against their sense and meaning, 2ly. Brother, you know, that God himself after the writing of the Book of Deuteronomy & the Proveths, caused divers other Books of Canonical Scriptures in the old, and the whole New Testament to be written, for the further benefit and Instruction of his Church; Yea many Additions were made to the service of God in the Temple not mentioned by Moses, without infringing these Texts, therefore your citing of them, without any limitation, is very impertinent. 3ly. I fear Brother, that those who hold, there is an absolute set form of Church-government prescribed in the word to all Churches, though they cannot show it, and yet cry up their Independent way, as the very Government, discipline, Kingdom, and Ordinance of Christ himself, though they neither prove nor demonstrate it; are far more guilty of this sin, of transegressing these texts, by Adding to God's word; then those who deny it are, of adding to, or detracting from it. Take heed therefore (I pray) of this sin yourself, which you would fasten upon others. You know who are most guilty of this va • ting cry, The Temple of the Lord, the Temple of the Lord, the Temple of the Lord are these, when yet they were but lying words: & which party boasts most of the Divinity of their way: your whole Book sursets of this in every Page, without one solid text, to warrant what you so frequently & over-confidently affirm. Wherefore this Argument returns wholly on yourself. My Brothers 3. Objection is from the 1 Cor. 7. 17. So ordain I in all Churches 1. Cor. 16. 1. Now concerning the collection the Saints, as I have given order to the Churches of Galatia, SO ALSO DO YE: Every first day of the week. (or someone day of the week, or weekly, as some translate, and the phrase will bear it) let everyone of you lay BY HIMSELFE in store, as God hath prospered him; that there be no gatherings when I come Act 14. 25. And when they had ordained them Elders in EVERY CHURCH. From which Authorities only and no other in the New Testament, he infers, That there is but ONE, and the self same form of Churchgovernment and Discipline prescribed to all Churches in the world in all ages, without the least liberty of varying one from another, or from the form pretended to be thus prescribed.
But (dear Brother) what will you say if none of these Scriptures prove any such conclusion, but the contrary? have you not then injured the Readers, and truth hereby? Hear then, how you are mistaken in them. The question (you know) is not concerning Precepts, Doctrines or Rules of faith, which are the self same to all Persons, Churches Ages, and bind all alike; but only of Church-Government & discipline: But hath your first and principal text, any relation thereunto? No verily, but to a mere private case of conscience then undescided; Whether a believing Wife might depart from an unbelieving Husband, or a believing Husband from an unbelieving wife without mutual consent, if the unbeliever were willing to cohabit with the other? This was the case of conscience then in question at Corinth, and propounded specially to the Apostle, to whom they Wrote for resolution v. 1. To this the Apostle gives a final desciton in the negative, showing sundry reasons for it, v. 10. to 16. & then v. 17. he concludes, As the Lord hath called everyone so let him walk, AND SO ORDAINI IN AL CHURCHES. Now what, Brother, is this private case of conscience to one set form of Church Disciplin or Government? doth the Apostle say; that this he ordained to be the very same in all Churches? no verily, there is no such mention or intention, in the Text: or Chapter so that the true deduction from hence will be but this absurd Nonsequitur.
The Apostle by the determination of God's spirit ordained in every Church, that Believing Wives or Husbands, should not forsake their unbelieving Consorts if they desired to cohabit with them: Ergo he ordained one and the self-same unalterable set form of Church-government and Discipline in all Churches whatsoever.
Your 2d. text, makes clean against you: For first, the Apostle 1. Cor. 16. 1. 2. doth not say, that he gave order for a collection in all Churches alike: but only in the Churches of Galatia: and there were many Churches else besides them; Therefore this extends only to particular Churches, not to all. And so no proof of any one universal Government of Discipline prescribed alike to all Secondly, It was an order only upon a particular emergent transient occasion, which might seldom or never happen again, to wit, The present necessity of the Saints at Jerusalem, in respect of a dearth and famine there. To argue therefore an universal standing Church-government and Discipline from a particular transient occasion, not permanent and lasting but contingent and temporany, for this particular time and occasion only, is very incongruous.
Thirdly, The Apostle here prescribed no public duty relating to Churchgovernment, or Discipline, nor yet to be performed in the open Congregation (for then there might have been some vigor in the Text) but but only a voluntary preparatory benevolence to be weekly laid apart in private according to God's blessing on every man's estates, as is clean by the words Upon the first day of the Week, [or wekely] Let everyone of you lay a part BY HIMSELFE [not contribute publicly in the Church] in store as God hath prospered him; that so there may be no collections when I come: Therefore this Action hath no relation at all to Church-government, Discipline, or ought to be done publicly in the Church. Fourthly, This collection and the manner of it, for every man to lay aside by himself something weekly, according as God hath prospered him, was only a preparatory extraordinary collection; as the last clause (that there may be no collections when I come) and the very words import. Therefore it can be no president for an ordinary, constant, unalterable universal Church-government and discipline established in all Churches. 5ly. (Which takes of all, and turns its edge against my Brother) It is & must be confessed, that this is no binding precept nor president, in point of collections themselves, much less then in other things. For 〈◊〉 demand of my Brother, 1. Whether this text did simply bind all the Corinthians to a weekly preparatory contribution towards the poor Brethren's necessities that were in Jerusalem, so as they might not deny or vary from it? it being rather a bare advise then a peremptory precept & a mere voluntary charitable action, as is clear by comparing it with Act. 13, 28. 29. 30. Rom. 15. 25. 26. 2 Cor. 8. & 9. 1. to 15. especially v. 7. Every man according as he hath purposed in his heart so let him give, not grudgingly as of necessity: for God loveth a cheareful giver. 2. Whether they were necessarily tied to make private contributions, only on the first day of the week & no other? or had they not a liberty notwithstanding this order to do it on any other week day, as well as on the first? or every day, or every fortnight or 10. days, if they pleased, as their particular occasions and conditions administered ability or opportunity for such a charitable work? 3ly. Whether this prescript form of collection (admitting it obligatory during this occasion) did bind any Church but this of Corinth, and those of Galatia only? or whether it obliged all other Churches then, or simply binds all Churches now to this form of preparatory or private contributions, or not? If you say, no, then you yield the cause: since this president binds no Churches now to any punctual, imitation. Therefore it is no proof at all for any one divine universal invariable form of Church-government and discipline in all ages prescribed by Scripture: If you say, yea, then all Christians, Congregations in the world (& your Independent to) offend against this the Apostles divine institution in not retaining this form of private collections, by segregating something for the use of the poor Sai • ts on every Lord's day, or weekly, & in suffering public gatherings for the poor in Churches on Lecture days, or week-day fasts, whereas these were no such collections, but only laying something up in private, by way of preparatory Charity against the Apostles coming, who would then receive every man's particular Charity by itself, and not trouble them with any public collections. In one word: No Churches, nor Independent Congregations hold themselves strictly obliged to this form of collection, (which was not public but private, every man by himself) but all hold they may with safe conscience vary from it. Therefore (if this collection be a part of Church-government or Discipline under the Gospel as you make it) this Government, Disciplin is both mutable and arbitrable in this particular; and so by consequence in others to, as occasions and conditions of the Church do vary.
Your third Text of Acts 14. 23. When they had ordained them Elders in every Church: proves nothing for what you allege it. For first, it extends not to all Churches then planted in the World, but only to every Church in Derbie, Lystra, Iconium, Antioch, to which every Church relates, as is clear by comparing it with the three preceding and following verses; whence the Argument from this Text can be but this: The Apostles, ordained Elders in every Church at Derbe, Lystra, Iconium, and Antioch (and so in every City in Crete Tit. 1. 5.) Ergo in all Churches throughout the world. Which is no infallible inference. They might do it in all or most Cities where the Congregations were great, yet not in Villages or lesser places, where the number of Believers was but small.
Secondly, This proves there were Elders ordained by the Apostles in many, if not most Churches: But yet it concludes not infallibly, that there must of necessity be Elders ordained by those who are no Apostles in all Churches. There were such Elders then, Ergo there must of necessity be such now in every Church, unless there be a direct precept enjoining them for perpetuity, is no infallible Argument.
Thirdly, Admit it general and binding unto all; yet this proves only that there ought by Apostolical president and institution to be Elders (not one but more) in all Churches: what then becomes of some of your Independent Churches which have none (as Master Simsons had none in Holland) and as no new Independent Churches in or about London had, when they were first gathered. These certainly were no true Churches of Christ by this rule, because they wanted Elders.
Fourthly, This Text speaks only in the general, that they ordained Elders in every Church, But what sort of Elders they were, Ruling, or Preaching Elders only, or such who did both Rule and Preach: or in what manner they were ordained, whether by lifting up of hands only to choose them, and no more; or by laying hands upon them, or by the Apostles own imposition of hands only as Apostles, or joining with others as ordinary Ministers, or in any other form, is not expressed; So that this Text only informs us, that there were Elders ordained in every Church; but determines nothing of their office, or in what manner or form they were ordained: Therefore it concludes nothing for any exact complete, unalterable, universal form of Church-government in all particulars, prescribed to all Churches; ordaining of Elders, being only one part of Church-government, not the whole; & no part of Discipline & that left very indefinitely in respect of the manner and form, which the Scripture hath not by any direct precept or president reduced to an unalterable certainty, but rather left Arbitrary and indefinite, as will appear by comparing Num. 8. 10. Acts 1 23. 24. 25. 26. c. 6. 5. 6. c. 14. 23. 1 Cor. 4. 14. c. 5. 17. 22. 2 Tim. 1. 6. 1 Tim. 4. 14. Tit. 1. 5. It being a great Controversy at this day: whether imposition of hands be now simply necessary in the ordination of Presbyters, Deacons, or Lay-Elders? or whether it be but an arbitrary ceremony which may be omitted without prejudice, if there because? whether it belonged to the Apostles only as Apostles, or as Presbyters? whether it be appropriated to Preaching Elders only, as such? or to ruling Elders as well as they, or to the whole Church or Congregation, and such as they shall appoint? Or to Arch-bishops, and Bishops only as such? as many held of late, though now that question is out of date. So as neither of these Texts in several, nor any, nor all three of them conjoined, prove any such conclusion, or universal set form of Church-government and Discipline, for all Churches, as is pretended.
My Brothers 4. Objection is, The every particular Congregation, is a complete entire absolute spiritual Republic, Corporation, Body, and City of God of it self, and of absolute authority within itself, subject to no other Jurisdiction then that of Christ, his Word and Spirit, and not to any other particular Congregation, Synod, or National Church, or human power whatsoever. Therefore the Parliament and Assembly can make no Canons nor Rules to bind it, nor presc • ibe any Church-government or Discipline to it.
Brother, this is the sum of your whole Book, and it grieves me to see so many strange Parodoxes piled up together to support an Independent Fabric, by one of your years and Judgment. Give me leave therefore to discover your manifold over-sights in this particular by such demonstrations, as you shall not be able to gain say.
First then, I say that the whole Church of Christ is but one entire Mystical Body, whereof Christ is the supreme Spiritual Head and Governor, and all particular Churches only members of this entire Body; as the head, hand, feet, are members of the Natural Body, not absolute bodies of themselves; as every house or Parish in a City is a member of the whole City; Every Company or Regiment in an Army a member of that Realm, not absolute bodies, Cities, Armies, Kingdoms of themselves. That this is truth, we have sundry express Resolutions of Scripture in positive terms, as the 1 Cor. 12. 12, 13, 14. 26. 27. (and in truth the whole Chapter) Ephes. • . 22, 23. c. 2. 14. 15. to the end c. 4. 11. to 17. c. 5. 23. to 33. Col. 1. 18. 24. c. 2. 17. 19. which you may peruse at leisure, Ephes. 4. 3. to 7. Endeavouring to keep the unity of the Spirit in the bond of peace: For there is ONE BODY, one Spirit, one Lord, one Faith, one Baptism. One God and Father of all, who is above all and through all, and in all. And John 17. 20. 21. 23. Neither pray I for these alone, but for them also which shall believe on me through their word: THAT THEY ALL MAY BE ONE, as thou father art one, and I am in thee; that they also MAY BE ONE IN US, and may be made perfect IN ONE. Hence the Scripture usually expresseth the whole Catholic Church of Christ (which allages hitherto have believed to be but one, so far as to make it an Article of their Creed) under singular titles; as the Church A WOMAN, MY LOVE, MY DOVE, my Sister, my Spouse, a Garden, a Vineyard, a City, a Congregation an Assembly, Zion, Jerusalem an House, a Flock, a Body, and the like; to note it; unity, that it is but ONE entire spiritual Corporation, though distributed into several particular Congregations scattered • ver the face of the whole World. This being an indubitable verity, strikes off the head of your Galiah, and subverts the very foundation of Independent Congregations, which would be absolute and complete spiritual Bodies within themselves, and no members of a Catholic or National Church.
Secondly, If all the particular Churches in the World, be in reality but one entire Body and Church of Christ, then by the self-same reason likewise all the particular Congregations within one Nation, Kingdom, Republic (united in one civil Corporation under one Head, and temporal government) are but one and the self-same Church, and members one of another; not absolute Independent Congregations of themselves, subordinate to no other: even as all the particular persons in a House make up but one Family; all the particular Houses, Parishes in a City, but one City; all the several Cities, & Counties in a Kingdom, one Realm; and all the Nations on the earth, but one world of men. These clear principles of Divinity, Policy, Nature, experience, none can or may deny, unless he hath lost his senses, or means to subvert all human Relations and Societies. And my Brother acknowledging the whole Nation of the Jews to be but one entire National Church, though divided into sundry Synagogues and particular Congregations, as is evident by Acts 15. 24. FOR MOSES OF OLD TIME hath IN EVERY CITY them that Preach him, being read in THE SYNAGOGVES EVERY SABBATH DAY, compared with Psa. 74. 8. Matth. 6. 2. 5. c. 7. 1. 8. c. 9. 35. c. 23. 34. Mark. 1. 21. 23. 29. 39▪ c. 3. 1. n. 5. 22. Luke. 4. 15. to 44. c. 13. 10. c. 21. 12. John 6. 59. c. 9. 22. c. 18. 20. c. 10. 2▪ Acts 9. 2. 20. c. 13. 5. 14. 42. c. 14. 1. c. 17. 1. 10. c. 18. 4. 7. 13. 26. c. 19. 8. c. 22. 12.) must of necessity subscribe to this conclusion issuing naturally from it; that all particular Congregations in any one Christian Realm, Nation, Republic, are but one entire Church, though divided into several squadrons for necessity and conveniency; as one house is into many Roomes, one City into many Streets, Parishes, companies, wards; one Kingdom into divers Counties, Provinces. One Parliament into several Houses, & Sub-Committees as there is occasion; one Army into several Regiments, Brigades, Companies, Troopes.
Thirdly, It is at clear as Noonday: That in all Civil, or Ecclesiastical Corporations, Congregations or Societies of men united into one common Politique Body, the whole body or greater part, hath by the Law of God, Nature Nations a lawful inherent jurisdiction over every particular member, or lesser part to make Laws and common Rules to oblige them for the safety, peace & benefit of the whole Body: In all Parliaments, Councils of State or War, Cities, Corporations, Societies, Courts of Justice, Chapters Committees, yea in all elections of Magistrates, Ministers, Knights or Burgesses of Parliament, Majors of Cities, Masters Wardens of Companies; heads or fellows of Colleges, Church-wardens, and the like, the whole Body or major voice binds the lesser number, & all the whole body ever over-rules the parts: And it must needs be so, else there could be no Rule, Order, Government in any of them, if one member only or the lesser part should over-rule and prescribe Laws unto the whole or greater part, not they to them. The like rule holds firm, and hath ever taken place 〈…〉 •• mall general Nation Provincial, Parochial or Congregation 〈…〉 Synods Convocations. Assemblies or meetings, in all matters of 〈…〉 Discipline, Government Laws, Rules, Edicts, Censure Descition, 〈…〉 . Yea in Independent Churches themselves, the Votes, Orders, 〈◊〉 determinations of the whole or major part of the Congregation, bind all the other dissenting▪ as well as consenting members; neither will any Independent Congregation admit of any into their new society, but such who shall first submit to the Covenant, Orders, Government, Rules and Discipline that Congregation, or the major part thereof hath elected established.
Fourthly, It is a principle of the Law of Nature, and common Reason, which all Republics, Churches, Societies of men in every age till this present, have admitted, that the Laws, Ordinances, Decrees, of the greatest Civil or Ecclesiastical Assemblies, where the whole Realm, Republic, Church, or Nation, are personally, or representatively present by their deputies or Proxies, oblige all inferior Corporations, Societies, Churches, Congregations, Persons, within their several Jurisdictions, to submission and real obedience, especially when just and agreeable to God's Word, or at least to passive (whiles in force) where unjust or contrary to the Word. Hence the public Laws Ordinances Edicts, of Parliaments and general Assemblies of the Estates, have in all Kingdoms, Ages, without the least dispute, obliged, regulated all Corporations. Societies, Persons, within their several jurisdictions, because they are the Representative Body and supreme power of those Realms, where all are virtually present and consenting, when all, or the major part at least assent. Hence the whole World have ever held the determioations, Creeds, Canons, Decrees, of Oeumenicall, National, or Provincial Councils, ratified by Emperors, Kings, and Parliaments, obligatory in point of jurisdiction to all Churches, persons within their jurisdictions. And in truth, the chief end, use of Parliaments, Councils, Synods (approved by God, and the higher powers ordained by him:) is not to advise, admonish, persuade, debate, or deliver their opinions of doubts, errors, mischiefs; for this every private man hath power to do, and contains no stamp of jurisdistion, Power, or Authority in it; But authoritatively to prescribe Laws, Canons, Rules, and determinations, obliging otherrs to obedience under pain of exemplary censures and penalties.
Sixthly. It cannot be gainsayd; but every man and woman in the world, considered merely as such, or as single persons stripped of all their natural, civil, or Ecclesiastical relations, are of equal Authority, and have no jurisdiction, power, or superiority at all one over another, no more than fellow servants, fellow Citizens, or neighbors out of office have over one another: yet look upon the self-same persons as they stand clothed with their several Relations, as members of a family, Corporation, City, Kingdom, Church, and their very relations, make them subordinate and liable to sundry superior jurisdictions▪ not only by way of counsel but command. Thus children, servants, wives, Pulpits are by a natural relation (established by a Moral Law and sundry divine Precepts) subject to all the just Laws, Orders, commands of their Parents, Masters Husbands, not only by way of Counsel or advise, which they may obey or reject at pleasure; but of Jurisdiction and Authority; so far as to be enforced to obedience, and justly punished for disobedience or neglect, according to the quality of the offense and contempt. Thus inferiors of all sorts, in a political relation only (as subjects to their Princes, to all subordinate Magistrates Officers, in their respective places of power▪ Kingdoms to their Parliaments, Cities to their Majors, Aldermen, and Common-Council; Companies to their Masters, Wardens and Assistants; Soldiers to their Generals, Commanders of all Rankes; Scholars to their Tutors, Colleges to their Rectors, mariners to their Masters) both by the Law of God Nature, Nations & Dictat of common reason, are subject to all just orders Mandates of these their superiors, to which they must yield obedience • under pain of such punishments as are answerable to their contempt and disobedience. The same rule and reason holds as firmly in all Ecclesiastical Relations: Take several private Christians as Christians, or several Parishes or Congregations, as they are such; and it is certain one of them hath no Jurisdiction nor power at all over another in any Ecclesiastical matters, either to prescribe Laws to, or inflict censures upon one another; but only a power to exhort, admonish, reprove, advise, or assist one another in a brotherly way. But yet look upon the self-same particular persons, Churches, as Members of a Parochial or National Church, and then in this Relation they are and ought to be subject to the just rules, precepts, Canons, Orders of the Ministers, and whole Congregation of which they are Actual Members, even in point of conscience; and every particular Church, must and ought readily to submit to the just Canons, Constitutions, Orders, determinations Ecclesiastical Censures of the whole. Representative National, or Provincial Church, Council, • ynod, ratified by Authority of Parliament, in a Regular way, under pain of Ob • inacy, Contempt, Disobedience and exemplary punishment; there being the self-same reason and equity for several combined Churches in a Council Synod Presbytery to have a coe • cive power over every particular Church within their limits as for any particular Congregation, to claim or exerise a jurisdiction in point of direction or correction, over any or every particular member of it. Our Independents no doubt will grant, that if two or three several Congregations unite themselves into one Church, they do by virtue of this union, become all liable to the Jurisdiction, Canons, Orders Determinations, Censures of that one Church; and those, who whiles divided, had no authority nor power, but only of their own members, have by this union a Jurisdiction over the Members of all these Churches, thus eonjoyned into one: As it is with several persons united into one Corporation Society, Church, or when several powers Or jurisdictions meet and join together in one, as the Parliaments, Commissioners, Armies of two Provinces, Kingdom in one Parliament Council Army; the Lord's, Commons, Knights and Burgesses of every County, Citty, Town, and Burrough in both Realms in one Parliament, they have by this their union the whole power and authority of both united Kingdoms, Armies, Parliaments. and a joint Jurisdiction over both, which they had not before whiles separated; even as a Major or King hath when as several Cities, Towns, Villages, Kingdoms (as our ancient Saxon Heptarchy) are all conjoined into one City, Realm, and thereby subordinated to one new Jurisdiction. If this then must be yielded to me; it will inevitably follow by the self-same reason, that several particular Churches being united together in one Synod, Council, Assembly, Parliament or Presbytery, (even for this very end and purpose to prescribe such general Canons, erect such a uniform Church-government and Discipline for the public peace and benefit of the Church, as shall equally bind all Churches victually present and combined in it) must have a lawful Iuridicall, Legislative power in them to make such Laws, Canons as shall bind all particular Congregations, not only as advises, or brotherly counsels, but as vigorous Laws, which subject the particular persons, or Churches, who transgress or contemn them to condign punishment: as the reasons, Scriptures formerly alleged, to prove that human Laws oblige the conscience in point of obedience, abundantly demonstrate.
These uncontrollable verities, never yet so much as doubted in any Age till this, clearly discover the falsity, and vanity of my Brothers objection, to which I will give this further direct answer.
1. I deny, that every particular Church or Congregation in a Christian State, where there are many adjacent Churches under the self same Civil Government, is an absolute complete, independent Body, City, or Republic of it self, (as is objected) to all intents and purposes, without dependency on, or relation, or subordination to any other. True it is, that in some respects, so far as concerns its own private interest, it is a complete body, having a Minister Elders, Members, Ordinances, Prayers, preaching, Sacraments, reading of the Word maintenance, and the like, of its own, within it self; (yetso; as not simply to exclude all others from preaching or communicating with them, when there is occasion:) and in this regard the definition of a Church; given in out Homilies and by others: (That it is a company of men outwardly professing the faith of Christ, wherein the Word of God is sincerely preached, and the Sacraments duly administered) belongs unto it. But yet it follows not hereupon, that it is either an absolute, or Independent Church, or a complete body in all respects, exempt from all superior jurisdiction, but a dependent, subordinate Congregation, and a mere Member in respect of the National, Provincial or Catholic Church. For as every private person, family, Corpotion, Society, City considered in themselves, are complete, perfect men, bodies, Societies &c. but in relation to the Families, Kingdoms, Cities, Republics wherein they are, meet dependent, subordinate parts, & Members of the whole common body, to whose just Laws, & commands they are all equally subject: or as every particular persons, families, or corporations interests in their own persons, liberties, lands, estates, Children, servants, is good and absolute against all other private persons or corporations, who have no power to deprive them of them but yet subordinate to the public interest and power of the whole kingdom, Pa •• ia. who may command or dispose of them upon all just occasions for the safety and service of that common bodywhere of they are all Members, which may give Laws (of common right) to all, and deprive them of all private interests, privileges for the public good; Salus popul • , being Suprema lex, to which all Privadoes must submit. So it is with every particular Christian, Congregation; As a private Christian, or Church, they have a private completeness, absoluteness, and Ordinances within themselves, of which no other particular Christian or Church can deprive them, not judicially question them for: But yet this private Christian as a Member of a Congregation, and this particular Congregation, as a Member of the National and Catholik Church of Christ, are neither absolute, not independent, but subordinate to the other Churches, Synodically assembled, to the supreme Council of Parliament, (the representative Church and State of England,) who may prescribe Laws unto them, and to the Civil Magistrate, who may both censure & correct them to. For example, if any particular Congregation, or any Pastor, or Member of it, shall abuse or exceed their private power, to the oppression of any of the •• own Members, or injury of their neighbor Churches; as by separating from their communion, without just cause; erecting a new private form of Church-Government or Discipline in opposition to other Churches of the same, or other Realms without public authority, to the engendering of schi • mes; or broach any heretical seditious, Erronious Doctrines, as some now do: set up Idolatry, supersition, innovations, or false worship; abuse or profane the Sacraments; become licentious, vicious or scandalous in their lives; injure their own Members without giving them satisfaction or relief: entertain all sorts of Sectaries; deny communion in Sacraments or other Ordinances with the Members of their neighbor Churches, who desire it upon just occasions; debar any of their Members from the Lord's Supper, or their Children from Baptism without just cause; be unable to resolve doubts and controversies in Religion between Minister and people, or Members; or to judge of doubtful cases; Vsu • pe more power then is meet to the impeaching of the Magistrates Authority; wants means to raise monies to provide an able Minister, or defray their necessary Church expenses; or invades the Rights of other Neighbor Churches, or refuseth obedience to such public Ecclesiassticall Laws which tend to the peace and unity of the whole National Church: In all these cases, and others which concern the National or whole Catholic Church in general or other neighbouring Churches in particular no particular Church is an absolute or Independent body of itself, but only a subordinate Member, Subject to the Laws, Ordinances, Determinations, censures of the whole Church of that Nation, combined in Parliament, and to National, Provincial Synods and Presbyteries, established by common consent in Parliament, as well as every Member of a Family, City, Society Kingdom, Army, or Realm, is subordinate to the whole Family City, Army, Realm, which no reasonable creature or Consciencious person can or dares deny.
Secondly, I answer: That this very argument, is a most dangerous seditious Par • dox, destructive to all Republics, and Societies of men; A Cockatrice fit to be crushed in the shell, ere it prove a devouring Serpent to Church and State, as you may discern by these instances in my Brothers way of arguing; For may not any Independent Company, 〈◊〉 Regiment or Brigade, in our Armies argue just in this very strain? Every Company, Troop, Regiment, Brigade, is a complete body of it self, having an its own necessary Officers, and Commanders; Therefore we will not join with or submit to the commands Orders Military Laws or directions of my Lord General, the council of War, or any superior Officer; but be ruled commanded only by ourselves and▪ and the Parliaments own immediate commands, to which we are only subject. Any Independent Family Streete, parish, Company, or Ward only in the City, argue thus; we are an absolute complete body, family, street, parish, company, Ward within ourselves; Therefore we will not, we may not be governed, directed, commanded or censured by my Lord Major, the Court of Aldermen, or Common Council; but only by and within ourselves, Any Independent child servant, Wife, or Member of any such Congregation allege, I am an absolute Man, Woman, Christian of myself: Therefore I may not. I will not be commanded governed, overruled, obliged corrected by my Parents, Master, Husband, or that Congregation of which I am a Member, but only by my self: Any independent County, City, Committee, or Court of Justice argue: We are a complete County, City, Committee, Court in and of ourselves? Ergo, We neither will, nor must submit to any Laws or Ordinances of the high Court of Parliament: Yea every College in our Universities dispute thus; We are a complete College and corporation within ourselves, Ergo, the Chancellor, Vicechancellor, Convocation, Congregation, and whole University have no Authority, to control, judge, or order us. Brother, if such Arguments as these should be once admitted (as they now begin to grow very rise in all places) I refer to your saddest thoughts, what will become of all our Armies, Parishes, Cities, Churches, Families, Parliaments, Kingdom in a short space? Will they not all be dissipated, dissolved in a moment, and naught but a Chaos of confusion, disobedience, Schism, Anarchy, and disorder, cover their faces? I beseech you therefore consider and retract this new monstrous Logic and Divinity which cuts in sunder all relations, and subverts the very pillars, foundations of all Government, Order, Peace, Unity, both in Church and State,
But my Brother Objects 3. things to make good his Argument. 1. That if there were no other particular Church in the world then one, as that of Abraham's family should it not be a complete Church, until there were other Churches; on whose jurisdiction it should depend?
I answer yes: But this is not the case, nor question: We in our Realm (blessed be God) have in all parts, not only one particular Christian family, church; but many thousand Parochial Churches, Congregations as our very Almanacs as well as Cosmographers will inform you. What then, Brother, will you infer from this sole Church in Abraham's family, to our Churches now? Will you argue, Abraham in his days had a complete absolute Independent Church in his own family only. Ergo now there ought to be such an Independent absolute Church in every family? (at least, where there is a sufficient number requisite to make up a ministerial body) as you interpret it▪ what then will become of your congregational Churches, and our Parochial, consisting of many great families? they must by this new Doctrine, divide themselves presently into so many families, or Independent Churches, as there are great families in them; and then I hope, the Master of the family only, not an Independent Minister must be their Paster and Ruler, as Abraham was in his, and then farewell the office of Minister, (which some of your Lay Elders exercise without scruple, denying the very calling of Ministers) and all our Churches too, Brother, will you argue thus? Adam was a complete and absolute man alone; therefore he needed not a helper or wife, or family to be joined to him. Suppose you should take a single person, who formerly lived alone by and of himself, without relation to, or communion with any other men, like a Popish Hermit or Anchorite, into your family, Church; or incorporate him into this City, or any company in it: will you say that because this man was absolute, and under no command at first, Ergo he must continue so still in your family, Church, this City, and his company; and neither you, nor any of them may, or can of right enact anything to control him? I trow not: When there were only single Families, living remote from others in the world, they were absolute and complete Churches, Republics of themselves; but when these single families multiplied, and combined themselves into Villages, Cities, Provinces, Republics; Kingdoms, they thereby lost their pristine liberty, absoluteness, independencie, completeness, and of entire small bodies, Churches, Republics, became only parts and members of those larger ones to which they were thus combined. So it is with particular Mother Churches, when there was but one particular Church in the world, or in one State or Kingdom (the case of all the first Churches planted by the Apostles) without any Neighbor Churches to combine with, this Church being under no superior Christian Magistrates, was absolute and independent in it self, there being no other Church to join with. But if this one Church through the increase of Christians shall swell so great, as to spread it self over all the City, or Republic wherein it is, and so upon necessity must divide it self into sundry particular Congregations, then all these Churches being under one and the self-same Republic, and united together under one supreme, Civil Magistrate, as members of the same Nation, Kingdom, City, Republic, and of the self-same national, or Provincial Church, do thereupon lose their absoluteness and Independency, and become subject to the Power, Laws, Canons, Determinations, Government, and Discipline of the whole National Church and Kingdom, of which they are but members; which to preserve public peace, unity, order, amity, ought constantly to be governed by the self-same general Ecclesiastical Laws, settled by the common consent of all their several National Synods, and Parliaments, as Civil Laws are, which oblige all.
But this saith my Brother in the second place, takes away the lawful Jurisdiction and rights of particular Churches: Ergo it is not to be admitted.
I answer first: By the like reason you may argue; the joining of many particular persons into one family, of divers families into one Parish, of sundry Parishes into one City, of divers City into one State; of sundry States and Kingdoms into one Monarchy or Empire: of divers Companies and Regiments into one Army; of sundry Knights, Citizens. Burgess •• , and Peers, into one Parliament, and many Ministers into one Synod, deprives them of their Independency, their particular Rights, Interests, and subjects them to a new superior power, Jurisdiction, command, and to their public Laws and Ordinances; Ergo it is unlawful, intolerable, and such Corporations, Republics, Kingdoms, Empires, Parliaments, Synods, ought not to be: If this be a good consequence, you will subvert all human Societies, Corporations, Republics, Synods, Parliaments, Independent Churches, and Families to by like reason.
• . This takes not away the lawful rights of particular Congregations, but rather improves them for their own particular, and the public good: for (Brother) I pray inform me, which is best of the two, for a particular Church, or Corporation to be subject only to such Laws, Rules, Government and Discipline, as shall be made, decreed, declared most agreeable to the Word of God, and fit to be generally received in all Churches, by an whole Parliament and Assembly of the most wise, ablest, and best experienced Christians, Nobles, Divines, after long debate and consideration; or by the private rash Opinions, and perchance passions, humors, of two or three private persons, perhaps directed, swayed by particular interests, relations, ends? Which is justest, safest, or most remote from Tyrannicall, Arbitrary and Papal Government, for Churches, States, Persons, to be all confined to certain public Laws and Canons, enacted by common consent in Parliament, limiting who shall be admitted to, who secluded from the Congregation, Sacrament, communion of Saints, &c. and for what causes, offenses, in certain, &c. then to be left Arbitrary to the mere mercy, wills, determinations of the Ministers and Elders of every particular Congregation, or to the pleasures of Princes, or some few temporal Magistrates, without any Laws or limits to restrain them? We all hold it the greatest happiness, freedom of our Kingdom, and the chiefest part of our Privilege, which we enjoy as free-men of England That we neither may, nor can be legally bound by any Laws, Canons, Taxes, or Commands, but only such as are made and imposed on us by full consent in Parliament: and not subject to the mere Arbitrary Laws, Ordinances, wills, commands of our Princes, Magistrates, Judges, Prelates, or any other private men. And shall it be then held the slavery, injury, and not rather the liberty or privilege of particular Churches, and their members, to be subject only to such Ecclesiastical Rules, Canons, Orders, Covenants, Government and Discipline as shall be publicly agreed on, consented to, and settled in Parliament (to which all Churches, Christians shall be equally obliged without exemption (then to be left at six and seven, to what Rules, Covenants, Orders, Censures, Government, Discipline, every private Minister, Eldership, or every major part of a congregation shall arbitrarily prescribe unto their members as suitable to the Word? No doubt he that hath a doubtful case in Law, would rather have the advice of many solid Lawyers then one; he that is sick in body, will give more credit to the opinion of the whole College of Physicians upon debate, then to one or two Doctors, or Apothecaries. Whence the policies of all States, Churches in all Ages, have reserved the power of making Laws, and settling matters of greatest moment to their most general Councils, Parliaments, and Assemblies, not to Cabinet Counsels or Vesteries. Brother, it is, a true rule of Aristotle; that men are better governed by Laws, which continue constant, inpartiall, inflexible, then by Men whose lusts, passions, interests and private ends, do for the most part bias them awry; holds as well in Ecclesiastical, as civil Constitutions. Therefore this legislative power and Jurisdiction of Parliaments, and Synods, over particular Churches is so far from being a prejudice or slavery to them, that it is as great a privilege and freedom, as our Parliaments are to our Kingdoms, which only make binding Laws for all, and the only means to free us from an arbitrary Government.
The third thing my Brother objects is: That all these Churches where the Apostles Preached were of absolute Authority among themselves, respectively, and equal one to another; not one of them having jurisdiction over another. (The seven Churches of Asia, the Churches of Ephesus, Corinth, Antioch, &c. exercising all jurisdiction within themselves alone, not being subordinate to themselves or any other, as others object.) And in the Primitive Churches next after Christ for two hundred years or more, the Government was almost popular, and every Church had equal power of ordaining and casting out their Minister, and were independent one of another, as appears by the Centurists. Cent. 1. c. 7. Tit de Conso • iatione Ecclesiarum, and De Synodis privatis.
To this I answer. 1. That there is no such thing in the first Century, my Brother quotes, nor anything in the second, but that one particular Church, and Bishop, was not then Lord and sovereign over another; but it saith not, they were not subject to the determinations of public Synods. 2. That none of the Churches planted by the Apostles were absolute, and Independent as you pretend. For first they were all subject to the Apostles rules and directions, both Churches, Ministers, Elders, as is evident by the whole History of the Acts, and all the Epistles written to those Churches after they were planted, prescribing Rules, and Directions to them for to follow; by Paul's sending for the Elders of the Church of Ephesus to him, to Miletus, and giving them there a charge concerning themselves and their flocks, Acts 20. 15. to 36. by • . Cor. 11. 18. That which cometh upon me daily, the care of all the Churches, &c. 1 Cor. 11. 34. The rest will I set in order when I come; by his commanding them to deliver the incestuous Corinthian to Satan, 1 Cor. 5. 4, 5. & Tit. 1. 5, 6. Therefore they were not Independent or absolute in themselves, but subordinate to the Apostles.
2. Though they were not subordinate immediately one to another, as one single Parish Church now, is not subordinate to another particular Church; nor the Churches of one City, Republic, Kingdom, subordinate to another; yet they were all subject to a Parliament, Synod, or combination of many Churches in cases of differences, new opinions, &c. which concern the purity of Religion, the suppressing of Schisms, the common Peace or weal of all Churches, in which all have equal interest, as is clear by the Synodical determination and decrees of the Apostles Elders, and Brethren at Jerusalem, who sent Decrees to all the Churches of the Gentiles to observe, Acts 15. throughout, &c. 21. 24, 25. which is thus expressed, Ch. 16. v. 4, 5. And as they went through the Cities they delivered them, THE DECREES FOR TO KEEPE THAT WERE ORDAINED OF THE APOSTLES AND ELDERS WHICH WERE AT HIERVSALEM. (And mark the happy fruits and effects of those Decrees) And so was the Church established in the Faith, and increased in number daily. It was well there were no Independents then; they would have quarrelled both this Synod and its Decrees, as they do most strangely now, or sought for to avoid this unavoidable president, & argued as some do now. What, we are Independent Congregations, absolute and complete within ourselves, what hath the Church or Synod at Jerusalem to do to make Decrees for us to keep, who are under Christ alone as our only King, Head, Governor, Law-giver; not under Apostles, Elders, Synods, or any other Church, who may not Lord it over us? Hence then I argue, that the Churches then were not Independent, because they thus readily embraced, submitted to the observation of these Synodal Decrees, which our Independent Churches will not stoop to; saying, Their Churches are absolute entirely their own who is Lord over them? Add to this, that the Apostle in the 1 Cor. 11. 15. argues the unlawfulness of women's praying without veils, and of men's wearing long hair (ad never longer in England then now) in the Church of Corinth, from the very custom of other Churches. Nevertheless (saith he) if any man seens to be contentious (in opposing the premises) we have no such custom, NEITHER THE CHURCHES OF CHRIST: where Paul from the custom of all other Churches of Christ, condemns the irregularity of some in the Church of Corinth: whence I argue. If the lawful, laudable customs only of all other or most of the Churches of Christ ought to oblige a sister Church, that is singular, and different from them, to uniformity with them, in things convenient and just, as this Text manifests, then by like reason the just Decrees, and Canons of many Churches combined, ought to oblige particular Churches which are under their precincts.
3. Though the Church of Corinth did not exercise Jurisdiction, or claim a power over the Church of Philippi, nor one of the seven Churches exercise a Jurisdiction over the other, as they were single Churches, and under several civil Government, whose Magistrates then were not Christians; yet Paul, John, and the other Apostles held a jurisdiction over them, as their Epistles to them manifest, and they all combined in a Synod, had power by their Deputies one over another not as particular Churches, but as a Synod wherein they were all combined; as the second Century, cap. 7. Master Rutherford his due Right of Presbitires, Art. 15. p. 355. to 480. to whom I sha;; refer the Reader: My Brothers Argument therefore is but this in substance.
The Church of Sepulchers hath no jurisdiction over Saint Androwes, nor the Church of Paul's over Westminster, not the Church of England over the Church of France, or Scotland: Ergo a general Council, or National Synod, wherein these Churches are all combined hath no juridiction or legislative Authority over them, nor any other particular congregation under their precincts. A doughty Argument, much like this in effect.
The Burrough of Westminster hath no jurisdiction nor power to make binding Laws for the Burrough of Southwarke; not the county of Kent for the county of Middlesex, nor any one City, County or Burrough in England power to prescribe Laws to one another Ergo all these counties, cities, burroughs assembled in Parliament, in their Knights, and Burgesses, have no power to make Laws to bind any of them, nor the Kingdom. And what then becomes of our Parliaments Authority, and legislative power, if this kind of logic be admitted?
4. My Brother & other Independents generally grant, that every Congregation may and ought to give an account of their actions, censures, proceedings, and opinions to another private Church; therefore they are not absolute nor simply Independent in regard of other particular Churches, much less then in respect of an whole National Synod, Parliament or Presbytery; which reason others having largely prosecuted, I shall but touch.
5. I demand, whether every particular Church or Congregation whatsoever, be such an absolute, complete, independent body in it self, subject only unto Christ, &c. or only independent Churches and congregations? If Independent only, I pray show your Magna Charta for such a peculiar privilege, which no Churches else enjoy or challenge but only yours. If all particular Churches enjoy this privilege, then mark the consequence: Papists, Arminians, Anabaptists, Sociniaas, Antinomians, Arians, Familists, (and as one Master Williams an Independent affirms, in Print, Mohammedans, Jews, and all the several Sects of Religions in the world, mustered up by Master Samuel Purchas in his Pilgrimage and Voyages,) must be absolute and Independent to; nor may any Magistrates, Parliament, Synod, make Laws to regulate, reclaim, suppress, or punish them, because they are subject to none but to Christ, and accountable only to him, and their consciences free; then every Sectary, Schismatic, Heretic whatsoever may gather and set up an Independent Church, of three or four families, persons in a corner; and neither King, Parliament, nor Presbiteries may question, or suppress them, because they are immediately subject to none but Christ. Then persons questioned, excommunicated by their congregations, or such members of your Churches, who either fear your censure or fall into any pett, or humor against your Ministers, Elders, Government, may set up a new Church of their own, and so avoid both your jurisdiction and censures. In one word, this absurd Paradox would open a large guppe to all Errors, Heresies, all Sectaries, Schismatics impious practices and opinions, without the least impunity, restraint, or means of reformation.
6. This conceit (derived only from the Pope himself, who claims this privilege, that he is subject and accountable to none but Christ himself in spiritual things, and is an Independent Church within himself, as the Jesuits with others affirm) makes every Independent Church or Minister a mere Pope, subject and accountable to Christ alone. I beseech you therefore (Deare Brother) tell me, how you can be said to renounce the Pope, Popery, Antichrist, and abolish them out of our Realm, to your utmost power, according to your Vow and Covenant; when as you banish only one Pope, and set up many, in making every Independent Minister and Congregation, a mere Antichristian Pope exalting it above all that is called God, as immediately subject to none but Christ.
My Brothers fifth Objection is: That Christ should be very unfaithful, careless, and leave his Church to six and seven, if he had not prescribed as exact a Church Government and Discipline for it under the Law, as under the Gospel. And we should have a mad world (he should say Church) if it were left to Christian Princes, Civil States or Parliaments, to set up such a Church-government and Discipline, as they should conceive were most suitable to God's Word, and the Laws and customs of the Realm, and manners of their people.
I Answer 1. In general, In general, that this is only words, not proofs; matters of fact (as this now controverted is) must be ever proved by real visible demonstrations, not far-fetched inferences, fancies, probabilities, suggestions, or pretended inconveniences of our own devising. Therefore (Brother) trouble not the world anymore with inferences, or illustrations of what is not, but produce some down-right Scripture proofs of what really is: what Philip spake in one sense to our Savior Shew us the Father and it sufficeth us; I shall say to you, show us your Church-Government deliniated, prescribed to all Churches in Scripture, in all particulars wherein we differ, and it shall suffice us; but your Inferences from the Tabernacle, Temple, Ezekiel's vision & these objected inconveniences, neither will nor can satisfy any man who hath any science, conscience or reason to guide his choice.
2. I answer; That Christ hath not been so extremely negligent or careless as to leave his Church under the Gospel at six and seven, though he hath not been so exact in prescribing, or establishing a set form of Church-Government and Discipline under the Gospel, as he was in the Old Testament, in setting down the pattern of the Tabernacle, Ark, Temple, under the Law, as you object. For Brother, yourself acknowledge in your Margent, pag. 5. 6. (upon second thoughts) that he hath not done it, though you affirm the contrary in your Text; Will you I pray argue, that Christ is more careless of his Church under the Gospel then under the Law, because the manner and time of Circumcision; eating the Passover, consecrating of Priests, with all their accoutrements; the form of the Tabernacle, Temple, with all the Services, Sacrifices thereto belonging, are more exactly and particularly set down and prescribed in the Old Testament, then the manner, time, or form of Baptism, administering and receiving the Lord's Supper, ordination of Ministers, the model or fashion of our Churches, and their necessary furniture are in the New: or because the use of solemn Vowes and Covenants (your great Diana) the manner of solemnizing Fasts, sanctifying the Sabbath, Feastivalls, National Assemblies, &c. are more exactly delineated and prescribed in the Old Testament, then the New? Or, which soars higher; was Christ more careless of his Church before then under the Law, because he gave them not the Law in writing as he did in after times? or careless of the Church under the Law, because he gave them not the Gospel then, but Law alone? Brother, yourself acknowledge, that Christ hath left his Churches, children's consciences more free under the Gospel, then they were under the Law, exempting them from the Ceremonial Law, and all human Ordinances, to which they were formerly obliged. Is he therefore careless, or unfaithful? I beseech you Brother, take heed how you cast dirt in Christ's own face by such strained inferences; or charge your Brother with no less then Heresy, or heretical Doctrine, by such extravagant inferences, and incoherent Arguments: for fear you dishonor both your Master and yourself.
3. Though Christ hath left no absolute exact form of Church-Government in Scripture for all Churches and Ages, yet he hath left his Word, to be a light to the feet, and a Lantern to the paths of all his Saints and Churches; and said down such general Presidents, rules, and directions therein, as may serve for ordering, directing, and regulating of all Churches herein; yea he hath given us some more particular rules for some things which concern the Government of his Churches, The Scripture hath general Rules for our faith, life, manners, thoughts, words, actions, apparel, eating, drinking, praying, preaching, receiving the Sacrament, &c. applicable to all particular cases and occurrences concerning them, though not particular punctual rules for deciding all those cases of conscience, and controversies that frequently arise concerning them: yet Christ is not unfaithful, because he hath left his Church sufficient rules, and means of salvation in general or particular, to bring it safe to heaven.
4 The providing of godly and faithful Ministers, Magistrates, and Governors of the Church, to put good Laws, Disciplin, and Government in execution, is a great part of Christ's charge and care, as well as providing his Word, and a Government for his Church. Will you charge Christ then with negligence, and leaving his Church to six and seven, because every Minister of Christ hath not the self-same measure of gifts, and endowments to discharge his Ministry? or, because some Ministers are more negligent in their places then others; and some sheep are left ofttimes without a Shepherd, or committed to a Judas, a Thief; or to Wolve • , false Teachers, Seducers, which tear, and devour instead of feeding them? or because he set not up, and maintained this form of Church Government you now contend for as his, and none else beside, in all Churches for so many hundred years together, but reserved this honor in this latter age to some of you, (or rather to the Anabaptists and Brownists, your Predecessors herein) to advance it. Brother, you may easily discern by this, where your own pretended inconveniences, and inferences will drive you at the last, if you rely upon them; I beseech you therefore (as a loving Brother) to forbear them for the future.
4. Whereas you object, We should have a mad world of it if Civil States, Magistrates, Kings and Parliaments should set up such a Government 〈◊〉 they conceived to be agreeable to God's Word, and the good Laws and Customs of their Realms. I answer.
1. That it is your own position, that every particular man and Church ought to walk according to the rule of their own consciences, and judgment, not another's, Christ only being Lord of their consciences. If then a whole Kingdom, Parliament, Church, or Realm shall conceive, and be persuaded in their consciences, that such and such a Church Government is most consonant to God's Word, most suitable to their condition, and therefore shall upon solemn debate, after much seeking of God by Prayer and Fasting, make choice of this government before another, as by electing a Presbyterial, rejecting an Independent way; What madness, or inconvenience, mere slavery, tyranny, human inv • ntions, superstitions, or corruption will this introduce? Shall they be Heretics presently for such a choice, as you define them? Shall private men have more liberty of choice, or conscience then whole Nations, Synods, Parliaments; or more wisdom, temper, knowledge, discretion, conscience then they? Indeed I have read of one Parliament styled the Mad, and another the unlearned, because there were no Lawyers in it: and no doubt both Parliaments, Councils, Synods, general Assemblies may, and do sometimes err, and that grossly, as well as private persons or congregations. But doubtless all reasonable men will and must acknowledge, that two are better then one; a whole Court of Justice less liable to error and corruption then a particul • r Judge; a whole Parliament then a Committee; an whole Synod then a private Conventicle or congregation: Then tell me in sober sadness (good Brother) whether your Independent Assertion. That every particular Minister hath power to gather, and set up a Church of his own, Independent from any other, and to choose such a Discipline, Government to themselves as they CONCEIVE to be most suitable to God's Word (though in truth it be not so, but a mere CONCEITE, as I fear your New way is.) That particular Christians have power to unite themselves into a Church, and elect a Minister and Government of their own choice, most agreeable, as they think, to the Word. And that every Sect and Person ought to have free liberty of conscience in the exercise of what they believe: Or my Position, be likely est to produce more madness in the world, or mischiefs in the Church? Certainly it will be a madder world (and Church too indeed) when every private Minister and Christian may follow their own opinions, fancies, crochets, ways, every Sectary set up his own congregation, sect, and vent his own erroneous schismatical Opinions without control: when every man shall have privilege to do What seems right in his own eyes, as if there were no King in Israel, no Parliament in England: when every Anabaptist, Enthusiast, or brainsick Melancholico, shall not only build Churches in the air, different from all others, but set them up openly in our Cities, Counties, Kingdoms, without impediment, in contempt of Laws, Parliaments, all Civil or Ecclesiastical Authority (as too many I fear do now, and I hope the High Court of Parliament will remedy it in due time) because they deem their own fancies, Gospel; their own Juventions, Christ's Oracles. Certainly the world, and Church will both be mad in good earnest, when such a licentiousness shall be proclaimed under the Notion of Christian Liberty, & every man's own private way, christened with the Name of Christ's Kingdom, &c. though it hath small affinity with it. The God of peace, order, of his infinite mercy preserve us safe from this Maniaca Insania, this deadly madness into which we are running, and hath already desperately seized upon the Brains and hearts of many.
My Brothers sixth Objection is this, That Parliaments, Councils, Synods are not now infallible, but subject unto error, many of them having erred, and that grossly in former and late times: That neither Parliament, nor Assembly can now say, as that Synod, Act. 15. 28. It seemeth good to us, and to the Holy Ghost, they being not endued with an infallible spirit. Therefore they can make no binding Determinations, Laws, Canons, Decrees in any Ecclesiastical matters, to oblige any particular Churches or Christians. Good Brother (writes he) for all your punctual quotations of that Scripture, Acts 15. you do not all this while tell us that which is the main of all, which we find in the 28. verse. IT SEEMED GOOD TO THE HOLY GHOST and Us, to lay upon you no other burden then these necessary things. Now, Brother, we challenge you to show us ANY PARLIAMENT, COVNCELL, SYNOD, EVER SINCE THE APOSTLES, that could or can say thus, It seemed good to the Holy Ghost and Vs, to determine controversies of Religion, to make and impose Laws to bind all men, &c. Shew this to us at this time, and we will obey But if you cannot, AS YOU NEVER CAN, never let any man press upon us that Scripture, that Synod WHICH HATH NO PARALELL in the whole world, and so is NO PRESIDENT, PATTERNE, FOR ANY COVNCELL, SYNOD, PARLIAMENT. Thus my Brother Burton concludes hence with abundance of confidence.
But sweet Brother, let not him who putteth on his harness, boast as he that puts it off: receive your Answer first, and then be as vainly confident as you will 〈◊〉 your obtuse Argument afterwards, which I shall thus retort upon you. First (I suppose) you will grant, That the Apostles Preached, (as well a writ and determined) by an infallible spirit, and by the Holy Ghosts Divine inspiration, when as neither yourself, nor any other Independent, nor Presbiterial • Minister can infallibly thus Preach, write, or determine at this day: Ergo Brother (by your Argument) neither you, nor any other Minister must henceforth Preach unto, nor determine any Controversies of Religion, or Church-government at this day, being not guided by any infallible Spirit, and because you may possibly err, and cannot say as the Apostles did, it seems good to the Holy Ghost, and to us; and then Brother, of what value are all your Sermons, Books, and confident asseverations of the Divinity of your Independent way? your Disciples and congregation may make wast paper of them, instead of reading them, as the Oracles of God a some ignorants perchance esteem them. 2. Christ and his Apostle, when they ordained Elders, and laid their hands upon them, did usually give them the holy Ghost, and gift of tongues (who fell upon the parties ordained, and those to whom they Preached) and to those whom they Baptized (as the marginal texts assure us) which no Ministers nor Elders can do now: Ergo no Ministers may or can now ordain any Ministers by imposition of hands, nor baptize any children or men, nor preach the Gospel to any, because they cannot give them the gifts of Tongues, nor cause the Holy Ghost to fall upon them, as Christ and the Apostles did. 3. Moses gave no civil nor judicial Laws to the Israelites under the Law, but such as he received immediately from God by an infallible Spirit. Ergo Kings and Parliaments at this day can make no civil temporal Laws to govern their people by, because they receive them not immediately from God, by an infallible spirit. 4. Christ sent none to Preach the Gospel, or administer the Sacraments, but such whom himself, immediately called, ordained, furnished miraculously with gifts of tongues, and with the Holy Ghost, (A privilege peculiar to the Apostles, and some few others in their days, not communicable to any ordinary Ministers) and made Elders, and Bishops by the Holy Ghost. Ergo No Ministers but such who are thus immediately enabled, endued and ordained by the Holy Ghost, may or ought to preach the Gospel: And then where are all your Independent Ministers, and Lay-preachers? I hope Brother by this time, you most renounce your Argument as absurd, or else your Preaching, Church, Ministry, at least your writings, will be little valued, which now you see are not infallible.
2. A possibility of erring, or some actual errors in Councils, Synods, Parliaments, are no good grounds of rejecting all their determinations, Laws. Edicts, but only such as are apparently erroneous and repugnant to the Scripture. Such indeed you may disobey, but to all others you must submit, even in point of conscience, as I have formerly proved. If you deny this, then mark the consequence of your denial. Ministers may, and sometimes actually do err, both in their preaching and writing; and I doubt Brother it is, or may be your own case: Ergo people must neither obey nor believe anything they preach or write, but contemn all: Parliaments, Princes, Magistrates, Elders, Parents, Masters, Tutors of all sorts may, and ofttimes actually do swerve from truth, and Justice in some of their Laws, Orders, Precepts, commands, and Judgments: Ergo their subjects, wives, children, husbands, scholars, pupills must receive no Laws, Orders, Commands, or instructions from them, nor yet obey them in anything which they shall prescribe. Brother you may as rationally argue in many things we offend all: Ergo we must not endeavor to do anything that is good; Or conclude, in many things, and in making Laws we err all; Therefore we must obey no human Ecclesiastical or civil Laws in which we can discern no apparent error. Brother, will you drink no wine at all, as the Apostle gives Timothy advise to do, because some have drank poison in it, and you perchance may do so to? Or shall none adventure to marry a good wife or husband, because so many have met with bad? Answer me these questions, and then you need no other answer to what you object, but your own reply to them.
3. Admit Synods, Councils, Parliaments have sometimes erred out of human frailty; yet this is a most certain truth, that they are not so apt or prone to err, (having more helps, means, assistances to keep them from erring, when they are met together in the Name and fear of God) as private men, or Conventi • les of persons less learned, less experienced, they being more able to discover and bolt out truths by debate then they. This is the ground why Solomon concludes, That two are better then on • that in the multitude of Counselors there is safety; why the greatest points of Religion and State, have in all ages been debated, resolved not in Conclaves, Conventicles, Chambers, Closets; but in general or national Council • , Assemblies, Parliaments, as the most effectual means to discover, suppress errors, heresies, and resolve doubts; for which we have an unanswerable pregnant president in the Old Testament, 2 Chron. 30. 1. to the end: where King Hezekiah, with all the Princes and Congregation of Israel and Judah (assembled in full Parliament at Jerusalem) upon solemn debate resolved, AND ESTABLISHED A DECREE, to keep the Passover in the second month, because they could not keep it in the first, the Priests and people being not sufficiently sanctified: And another in the New: in the Chapter objected (Acts 15.) where the Apostles themselves assemble a full Synod to debate and resolve the great contr • versie raised in the Church, concerning the necessity of Circumcision. This then being an indubitable Verity, it is most certain, that Parliaments, General, or National Synods, and Councils, are the fittest of all others to make Laws and Canons for all civil and Ecclesiastical matters in State or Church, because they are least subject to error. And therefore there is great reason all their Laws, Canons, Edicts should be obeyed as just and good, but such wherein there is apparent error, and pregnant contrariety to the Scrip •• re.
4. All determinations of men not immediately directed by an infallible spirit • ven in Church-affairs, ought not to be condemned but submitted to: since Paul resolved some things of his kind by his own private spirit without the spirit of God, especially inspiring him; to which yet we all submit, as is clear by 1. Cor. 7. • . 11, to 40. For that clause concerning the holy Ghost I shall give you a very full answer to it, First it is clear by Acts 15. 6. 7. 12, 13. 22, 23. that those who used this expression: It seemed good to the holy Ghost, and to us; were not only Apostles endued with in infallible spirit: but likewise the ELDERS, BRETHREN, AND WHOLE CHURCH (OR Synod) then assembled at Jerusalem. Now Brother you cannot say nor prove, that all the Elders, Brethren, and whole Church of Jerusalem were infallibly inspired: yet they all used this Language then, as well as the Apostles; therefore by the self same Reason, Parliaments, Synods, Councils, may do it now, especially where they • arnestly seck to God for the Holy Ghosts direction, assistance, aid, by fasting and prayer▪ Secondly, God hath commanded all Christians earnestly to pray for, and hath promised to give the holy Ghost and his Spirit to those that ask him: yea, the Scripture is express, that the Holy Ghost and Spirit doth not only sanctify, comfort, live, dwell, and abide in the hearts, souls of Christ's Ministers and people forever; but avers that their very bodies are the Temples of the holy Ghost which dwelleth in them, that he shall lead his Church and people into all truth: why therefore they may not now say when Assembled in Parliament, or a Synod with sincere hearts, desirous to reform and settle Church-government, as near as may be to the Scripture; It seems good to the Holy Ghost and us (especially when they have found an extraordinary providence and assistance from Heaven, which they have importuned in the work) as well as the Apostles, Elders, and Brethren then; since we and they have all one and the self same spirit (though in a different measure) by which spirit we are all Baptized into one body; and have all been made to drink into ONE SPIRIT. I cannot discern.
Thirdly, all Christians are expressly commanded, to pray in the Holy Ghost; to pray in the Spirit, and sing in the Spirit, in which duties the Spirit helpeth our infirmities: yea the Scriptures are direct; that Christians are not only Regenerated, quickened, sanctified by the Holy Ghost, and Spirit of Christ, and receive the earnest and first fruits thereof; but that they are lead by the Spirit, Walk in the Spirit, live in the Spirit, worship God in the Spirit, speak and bless God in the Spirit; yea it is the great promise under the Gospel, that God will pour out his spirit upon all flesh: that they shall receive the gift of the Holy Ghost, and be filled with him, whence we read that Steven, and sundry others who were not Apostle • , were filled with the Holy Ghost, full of the Holy Ghost, partakers of the holy Ghost; and I hope Brother, you and all other godly Ministers do both pray, and preach in, through, and by the Holy Ghost, and spirit of Christ: yea I doubt not but you inform your new Proselytes, Members, how by the spirits direction you gathered your Independent Church; prescribed them your new Covenant, Discipline, Government, that you exhort, teach, instruct, comfort wounded souls, and resolve their scrupulous consciences doubts, by the assistance and guidance of the Holy Ghost; else all you do, say, prescribe, resolve, is to little purpose; and the work of your Ministry will be very unprofitable; disclaim but this, and all your new Congregation will soon disclaim you for their Minister, they and we accounting all those who either do or cannot pray and preach in and by the spirit of God, with some good evidence, and demonstration thereof unsavery • alt, fit for nothing but to be cast out and trampled under 〈◊〉 of all men, as many hundreds of such have been so served of late.
If then all this be undeniable Scripture and experimental Truth: why a Parliament of Godly Religious Lord's and Commons, with an Assembly of Reverend Divines, now assisted with the prayers of all godly people, to settle a Church-Government, Discipline, Worship, according to the will and word of Christ in all things, may not engrave this Motto: (It seemeth good to the Holy Ghost, and to us, to order and settle things thus, &c.) on all their determinations, resolutions, (as Councils have usually done in former time, from this very Te • t) you cannot re • der the least dram of reason. If you allege (which is all that can be Objected) that perchance all or the greatest part of the Parliament, and Assembly are not i • dued with the sanctifying spirit of God, therefore they cannot use this Language.
I answer, First, this is only known to God, not you, who only kn • weth who are his, and hath made you no Judges of their hear • s; whose persons for the most part (I dare say) you do not •• miliarly know. Secondly, admit there may be some few among them, who have not God's sanctifying spirit; yet I doubt not but very many, if not the major part of them have, as their zealous actions and proceedings evidence to all the World, in despite of all jealou • ies, or 〈◊〉 ; and the 〈◊〉 or a great part being such; they may now as well use this expression, 〈◊〉 the Apostles, Brethr • n, and whole Synod of Jerusalem, whom you dare not • ver to be all real Saints, endued with the infallible and sanctifying spirit of God: So as, Brother, you might well have forb • rn, that sco •• e you put upon our Assembly and Parliament: A Cardinal in the C •• clave at Viterbium, after almost 3. years agitation [As many years AS WE HAVE BEEN ABOUT TO SET VP A REFORMATION, AND THE FOVNDATION NOT YET LAID] each Cardinal ambitiously aspiring to be the Pope, one of them r • se up, and said, Domine, &c, Let us uncover the roos of this chamber, seeing that the Holy Ghost cannot get in unto us through so many Tiles: which I will not aggravate. Thirdly, it is your own Dogmatical Resolution, That in the Synod at Jerusalem, only the Apostles were guided by the Holy Ghost and an infallible spirit, not all the Elders, Synod, and Brethren, who did but give their consent to those Decrees, as Softines, Tychicus, Timothy, and other Brethren joined with Paul in his 〈◊〉 Therefore because the Apostles who had the leading Votes, were thus guided, and they consented, they all joined in this Language, It seemed good to the Holy Ghost and us. If then the Major or leading part of the Parliament and Assembly be now endued with God's Holy Spirit; they may all by like reason join in the same Dialect, because they consent to what those determine and • nact, who are assisted and guided by the Spirit. 4. God many times for the benefit of his Church doth indue unregenerate men with extraordinary gifts, though not with saving gr ••• s of his spirit, and make them Prophets, propagators of his Truth; as is clear by the examples of Ba •••• Saul, amongst the Prophets, Caiaphas, Gama ••• , Judas, and infinite others, by daily experience as well Ministers and People; as he made use of Cyrus, Darius, Artaxerxes with other heathen Princes to build his Temple, and restore his worship in it; and therefore admit the most you can imagine of the members of the Parliament and Assembly (which deserve the highest, honorable, Christian respect our hearts or tongues can yield them) there being at least some true Nathaniel's and Stephens among them, filled with the Holy Ghost, and so many armies of prayers in the spirit daily sent up unto Heaven, to bring down the spirit of truth and holiness upon all their Persons and Resolutions; we cannot but in Christian charity expect and believe, that all they resolve on may have, It seemed good to the Holy Ghost, and us, inscribed on its front, until the contrary shall evidently appear. Therefore there is not the least shadow of reason rendered by you, but that you and yours should make good what you have promised in the objected passage: Shew this to us and WE WILL OBEY.
And thus Deare Brother (seeing truth is •• earest to you and me, and that which I hope we both unfeignedly aim at) I have fully and freely answered all your pretended Objections against the Ecclesiastical legislative power and Jurisdiction of Parliaments, Councils; yea the substance of your whole Vindication, in defense of the Independent way, in such sort as I trust will fully satisfy both yourself and others whom you have misled. If I shall be so happy as to hear from you, That I have won my Brother, and reclaimed him from an 〈◊〉 dangerous By-path▪ I shall exceedingly rejoice in it, and bless God for it; and you and I shall most joyfully depart from off the public Theatre like Cecilius, Octavius, and Menucius Felix, 〈◊〉 hac sati hilaresque dicessimus; Caecilius quod crediderat, Octavius gaudens quod vicerit; Et ego, quod hic crediderit, & hic vicerit.
What else remains of this Treatice, shall by God's assistance be supplied in due season. In the mean time, I shall implore the blessing of Heaven upon this for our States and Churches 〈◊〉 .