Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered.
Prynne, William, 1600-1669.
Page  1

Truth triumphing over Falshood, Antiquity over Novelty, &c.

AS it is an unspeakable griefe and corrosive to my very soule, to enter into publike contestations with any of my Christian bre∣thren, who professe the selfe-same faith together with me; so it would be a far greater heart-breaking, and much sorer afflicti∣on to my spirit, to behold upstart groundlesse Errours trium∣phantly 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 Histori∣call Antiquity, to encounter those Adverse forces, which have taken up of∣fensive armes, and waged open warre in many new-printed Pamphlets, against the lawfull Jurisdiction and soveraign authority of Christian Princes, Magistrates, Parliaments, assisted with the advice of Reverend Synods and Councels, in mat∣ters of Religion, church-government, Ecclesiasticall Lawes, Canons, Discipline: all which (through Gods assistance) I hope totally to rout and dissipate, in such sort that they shall never be able to make head againe, by this short suddain onset, which I have yet neither vacancy, nor time sufficient (through the mul∣titude of other publike 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 Councels and Synods.

1 FIrst, I affirm, that the right and authority of calling or summoning Ecclesia∣sticall Assemblies, Councells, Synods, whether Generall Nationall, or Provin∣ciall, to settle matters of Religion, Worship, Church-government, or constitute Ecclesiasticall Lawes, belongs not to Bishops, Ministers, or private Independent Congregations; but to Princes, or supreme temporall Magistrates and Powers.

This Proposition militating both against Papists, Brownists, Anabaptists, and some Independents, I shall ratifie by Scripture, and historicall presidents in all ages, as well forraigne as domestick, with brevitie and perspicuitie.

1. For Scripture-presidents and Authorities, we have Precepts to and Presi∣dents of Moses, the prime civill-Magistrate among the Israelites. Num. 10. , 3 4. c. 8. 9. c. 20. 8, 10. Exod. 35. 1, 4. &c. Levit. 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 chiefe Magistrates of the Israelites, Judg. 20. 1, to 12. Page  2Of 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 Jehojada, 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 Nehe∣miah, 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 mutuall consent assembled together in a Synod Acts 6. & 15. as the high-Priests, Scribes, and Elders, met together and assembled in their Sanhedrim by tem∣porall [ 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 forraigne historicall authorities in all ages and Churches of note. aSocrates Scholasticus records, That since the Emperours were first christi∣an, the State of the Church hath hanged on them, and the greatest Coun∣cels have been, and be kept by their advice, yea by their summons, writs, and edicts. The first famous generall Councell of Nice was called bybConstan∣tine the great, the first Christian Emperour.cEusebius writes, that Constan∣tine (not the Pope) gathered this generall Councell, and by honourable Writs called together the Bishops on every side, that they should hasten thither. dTheodoret, This great and holy Councell was gathered to Nicaea, by the grace of God, and by the godly Emperour Constantine.eCassiodore, That the zeale of the Prince raised up that most famous Councell at Nicaea, who commanded the Bishops and their attendants to come to the Synod on pub∣like Asses, Mules and Horses, which he provided for them.fNicephorus Cal∣listhus, That Constantine promulged that most famous Synod of Nice in Bi∣thynia,* 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 decrepite age sent Vitus his Presbyter for his Proxie: The like writesgSozomen in the same words. The Councell of Rome under Pope Meltiades was convented by the same Constantines Writ: and here (saithhEusebius) is a copy of the Empe∣rours Writ, whereby he commanded a Councell of Bishops to be kept at Rome. And SaintiHieroni, To stay certaine Ecclesiasticall dissentions, the Emperours writs caused as well the Bishops of the East as of the West to draw to Rome. Yea the Councell ofk Orleance in France, and that of Tyrus (re∣moved from thence to Ierusalem by the Emperours Letters) were both sum∣moned by Constantines Writs. The second generall Councell of Constanti∣nople was called by Theodosius the elder; the Emperour; writelTheodoret,mSozomen, andnNicephorus, commanded a Synod of Bishops to meet together in one place, out of the provinces of his Empire, to confirme the De∣crees of the Nicene Councell; and the Bishops therein wrote thus to the Em∣perour, We are come to Constantinople by your Majesties commission. The third generall Councell at Ephesus was congregated by the younger Theodosius, Ex edicto pietatis studiosissimorum Imperatorum sanctum & universale concilium Ephesi coactum, writesoEvagrius: withpLaurentius Surius: and the Bishops Page  3 themselves in the prologue thereof, Cum ex pio edicto coacti essemus in Ephesio∣rum Metropoli. And so farre was Pope Leo from conceiving the right of call∣ing Councels to belong to him, that he besought the Emperour Theodosius by an Epistle in these words,pWe beseech your godly Majesty to grant our suppli∣cation, that you would command a Councell of Bishops to be holden within Italy: which Epistle not prevailing, he writes another to him in these words,qAll our Churches, and all our Priests, beseech your Clemencie with sobs and teares, that you will command a generall Councell to be held within Italy: which yet he denied to grant, and summoned the same at Ephesus notwithstanding these intreaties. After which this same Pope intreated the Emperour Martianus, that it would please his Majestie to command a general Councell; andr writ to the Clergy and people of Constantinople, to make suit with discreet and humble prayer, that our most gracious Emperour would vouchsafe to grant our request, in that we have desired a generall Councell. Yea StsChrysostom 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 Councell. In like mannertSozomen records, that the Arrians besought the Emperour Constantius to command a Councell to be holden at Antioch; and after this intreated him to summon another Councell at Millain: and that the Catholikes sent Hypatianus their Ambassadour to in∣treat the Emperour, that to redresse certaine errours they might have leave to meet together. So farre were they from redressing new errours (much more then from framing, printing, Articles, Canons, Constitutions, Oaths and im∣posing new Rites and Ceremonies, as our Bishops lately did in their Episco∣pall Visitations) that they durst not attempt to decree any thing positively against them without the Emperours speciall licence first obtained; no not in a publike Councell, much lesse in a private Consistorie.

But to proceed with generall Councels; the fourth generall Councell at Chalcedon was assembled by the Emperours Valentinian and Martian,uFa∣cta est Synodus ex decreto piissimorum ac fidelium Imperatorum Martiani & Va∣lentiniani, saith the first Action of that Councell: This Councell was first sum∣moned by these Emperours to be held at Nice, by severall Writs sent by them both to Pope Leo himselfe, (who was cited thereunto, and sent his Proxie thi∣ther) and to Anatolius Bishop of Constantinople, with other Writs to the ho∣ly Bishops in all places, recorded byxSurius: 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 y the holy and universall Councell came together at Chalcedon, secundum sacram praeceptionem, according to their sacred command. The fifth generall Councell at Constantinople was called by the Emperour Justinian: Imperator Justinianus sanctam quintam synodum Oecumenicam, Episcopis ecclesiarum omni∣um evocatis, coegit, writeszNicephorus: and Justinian himselfe in his Letters to that Synod, recorded by*Surius, recites, that the Councell of Nice was congregated by Constantine; the first Councell of Constantinople by Theodo∣sius the elder; the Councell of Ephesus by Theodosius the younger; the Synod of Chalcedon by Martianus; and then concludes, Ideo vocavimus vos ad re∣giam Page  4 urbem, that he had therefore called them to the royall City to discusse the three chapters then in controversie,l and to decide them according to these former generall Councels resolutions; yea, Pope Vigilius was cited to this Councell, to dispute together with the other Bishops there, concerning the three chapters. The sixt generall Councell of Constantinople was gathe∣red together by Constantius Pogonatus, asm his own letters of summons testifie, 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 generall Councell of Nice (so ter∣med by the Papists, though false, spurious, and hereticall) was summoned by Irene the Empresse, and her sonne Constantine:nConveniente sancta & oecumenica, hoc est universali Synodo, quae per gratiam divinam, piumque illorum Imperatorum, sanctè orbem terrarum gubernantium decretum congregata est in clarissima Nicensium metropoli; are the words of the first action testifying the same. The eight oecumenicall Synod at Constantinople was called byoBa∣silius the Emperor; in the Prologue and first Act whereof, there was produ∣ced a letter of Pope Adrians to this Emperor, in these words: Volumus per vestrae pietatis industriam Constantinopoli numerosum celebrare Concilium.

As these first eight generall Councels were thus congregated by Christian Emperors, not Popes or Prelates, so likewise Nationall, provinciall Councels and Synods have been alwayes usually called, assembled by the Writs and Summons of Christian Emperors, Kings, Princes, not by Bishops, or private christians: Thus the severallp Councels of Sardice, Millaine, Ari∣minum, Nicomedia, and Seleucia were assembled by the Emperor Constantius his Writs & Mandates; whenceqAthanasius writes thus of the Synods of Ari∣minum, & Seleucia, the passages wherof he records at large: A Imperatore Proe∣fectisque Literae sequentes in omnem partem missae sunt, eos qui illuc ituri essent convocantes. The Councel ofr Illyrium was called by Valentintan and Theodo∣sius:s whence the Bishops in that Councel in theirt Epistles to those Em∣perors give them thanks for their care and pains in assembling this Councell in these terms. Apud quem gratias agenus vobis Clementissimi Principes, qui ad remo∣vendas altercationes congregare studuistis sacerdotale Concilium, & Episcopis dignatione vestra honorificntiam reservastis, ut nemo deesset volens, nemo coge∣retur invitus Itaque juxta Mansuetudinis vestrae statuta convenimus. Saint Am∣brose Bishop of Millaine speaks thus in that Councell: Nos in occidentis parte constituti convenimus ad Aquilei••seum civitatem juxta Imperatoris praeceptum. Palladius saith there likewise, Imperator noster Gratianus jussit Orientales ve∣nire, negas tu jussisse em? Ipse Imperator nobis dixit, se Orientales jussisse ve∣nire. Ambrosius Episcopus dixit; utique jussit. &c. The firstx Councel of Are∣lat about the yeare 314. was assembled. Constantini magni jussu. The first provinciall Councell of Agatha, was assembledv by the Kings permission, for whose long life the Councell prayed, ut qui nobis congregationis permiserat potestatem. The first Councell of Orleans was summoned byxClodovick 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 Page  5 quos ad Concilium venire jvssistis: &c. Sacerdotes de rebus necessariis tractaturos in unum collegi jusseritis: The second Councell of Orleans was summoned by the precept of most glorious Kings.yCum ex praeceptione gloriosissimo∣rum regum in Aurelianensem urbem, Deo auxiliante convenimus; say the Bi∣shops in the prologue to their Canons in it. The Councell of Alebret met togetherz by the consent of their most glorious Lord and pious King The∣odebertus; The second Synod of Toures assembled together by thea con∣nivence of King Arithbertus: Theb fift Councell of Orleans was congre∣gated by King Childebertus, together with the Councell of Paris, as their Pro∣logues testifie. The third Councell of Toledo was summoned by KingcReccarredus, who, pro fidei suae sinceritate omnes regiminis suae Pontifices in unum convenire mandasset. Thed first and second Councels of Mascon, with the Councell of Valentia were assembled by King Guntram: Ex evoca∣tione gloriossssimi Regio Guntramni: juxta Imperium gloriosissimi Guntramni regis, say the Poems to these Synods Canons. The fourth Councell of Toledo was called by the diligence of the most religiouse King Sisenandus, ut ejus jussis et imperiis, that by his precepts and commands, a common treatise of Ecclesiasticall discipline might be compiled therein. Whereupon in the close of the Councell they pray to Christ for this their King, cujus devotio nos ad hoc decretum salutiferum convocavit: Thef fift and sixt Councells of To∣ledo were called by the Precept and writ of King Chintillanus: ex praecepto ejus et salutaribus hortamentis; The first and second Councells of Bracara assembled together ex praecepto, et per ordinationem, by the precept and appoint∣ment of the most gloriousg King Ariamirus. The seventh Councel of To∣ledo met togetherhstudio, by the care and command of King Chindasi∣undus. The 8. 9. and 10. Councels of Toledo were congregated by thei command of King Recessuinthas: ejusque serenissimo jussn ac sanctissimo voto. The Councell of Cavailon was assembledkex evocatione vel ordina∣tione, by the summons and appointment of King Clodouicke. The eleventh Councell of Toledo came together,lhortatu, by the exhortation and precept of King Vuambanus: Them 12. and 13. Councels of Toledo were summoned and celebrated ex glorioso jussu, by the glorious command of king Eringius. The French Synod Anno 642. was summoned by CharlemainenEgo Carlomannus dux et Princeps Francorum, cum consilio servorum Dei et Op∣timatum meorum, Episcopos qui in regno meo sunt cum presbyteris ad Concilium et Synodum, pro timore Christi congregavi: The Synod ofo Soissons was called by Childerick and Pipin; and so was the Councell at the Pallace of Venis: glo∣riosissimus atque Deo religiosus illustris vir Pipinus rex Francorum, universos pene Galliarum Episcopos aggregari fecit ad Concilium Vernis palatium publicum. Thep severall Synods and Councels of Aquisgan, (or Aix) Paris, Lions, and Tholouse were summoned by Lewis and Lothorius their Writs and Man∣dates, as the marginall authorities largely evidence. Theq Councels of Frankford, Friuli, Arelat the fourth, Tovers, Cabilon the second: Mentz and Rheems were all called by Charls great; who (as Matthew Westminster and others write) in the year 813. commanded five severall Councels to bee Page  6 celebrated at once, the first at Mentz, the second at Rheemes, the third at Towers, the fourth at Cavailon, the fift at Arelat. The third Councell at Aques∣gran was summonedrprovidentissimo et jussu salutifero of King Pipin, as were the two former by the wholsom command and most provident direction of his Father Lewis. Thes Councels of Meaux and Medardum, by the consent and command of Charles the son of Lewis: Thet Councell of Valentia, by the Emperor Lotharius his command: ex jussione praefati Prin∣cipis reverendissimi trium provinciarum Episcopi in unum collecti residissent: The v Synod of Ticinum, and the Councell of Wormes, An. 868. were con∣gregated by the Emperor Lewis the second: Thex Synod of Colen Anno 887. by Charles the third his consent. They Councell of Ments Anno 888. and of Triburby Arnulphus the Emperor: Thez Councel of Ferrara by John Paleologus. The Provinciall Synod of Augusta Anno 1548. by the Emperor Charles the fift.aCui hanc Synodorum congregandarum facultatem veluti olim Constantino Imperatori totius ••re orbis acceptam ferunt, saith Otho the Popes own Legate. To these I might accumulateb the Synod at Tholetum Anno 525. congregated by the command of Richard King of the Wisi-Gothes. 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 chusing the Pope, and ordaining the Aposto∣licall See with sundry others: yea most of the Councels that I have met with in Surius, Binius, Crab, Merlin, Photius, Carranza, Syrmond, Bochellus, Spelman, Cresconius, Fulgentius, Ferrandus, and other collectors of Councels and Sy∣nods, have bin alwaies usually called by Emperors and Christian Princes; That being most true which the Code of the Liberties of the French Church af∣firmes, d That most christian Kings in allages, have been accustomed ac∣cording to the state of things hapning in their Realmes, to call Synods, and provinciall or Nationall Councels, for the ordering of Ecclesiasticall affaires; as the forecited presidents with infinite other testifie; & the forequoted Coun∣cels, Fathers, Popes, Historians, together with St. Hierom and PopeeGregory the great resolve.

Most false & impudently arrogant then are the assertions of Pope Marcellus,fIulius,gPelagius, Gregory, and Symmacus, (if Gratian misreports not their positions) as likewiseh of Gratian, the Canonists,i Iesuits, and Popish Parasites who all sticke not to publish without shame or feare;

That the power of calling generall, nationall, and provinciall Councels, belongs pro∣perly to the Apostolicall See of Rome. That regularly no Synod ought to be called without the Popes authority: That it is no Councell but a Conven∣ticle which is summoned without his authority; And that all Councels with∣out his authority, presence (in person or by his Legates) and ratification are meerly voyd and invalid▪ Parodoxes, which all the premises, and the constant practise of all ages places sufficiently confute, yea and some learned Pa∣pists tokNicolaus Cufanus determines the quite contrary in these very termes. The authority of a Councell doth not so depend of him by whom it was summoned, that unles it be summoned by the Pope it can be no Coun∣cell; Page  7 for so we should avoyd all the first eight generall Councels. For wee read they were summoned by Emperors, not by Popes. And the Pope of Rome, like other Patriarcks received the Emperors Majesties sacred com∣mandements to come or send to Councels. If the Pope be negligent, or if hee say nay the Emperour may by his own authority summon Councels by way of command, to stay the wavering State of the Church. Hence we have one conclusion, that in generall Councels and making Lawes, the Bishop of Rome hath no such power as certain flatterers give him. Thus this learned Cardi∣nall. Aeneas Sylvius, afterwards Pope Pius the second, is as point-blanck as he: l From these authorities (writes he) they thinke themselves wonderfully armed, who deny that Councels can be kept without the Popes consent: whose judgement if it should stand, as they woul have it, would draw the ruine of the Church with it. For what remedy shall there be if a criminous Pope should disturbe the Church, if he should destroy soules, if he should pervert the people with his ill example; if finally he should teach things con∣trary to faith, and should fill his subjects with haereticall Doctrines? Should we suffer all things to go to ruine with him? But I, whiles I read over anci∣ent Histories, while I consider the Acts of the Apostles, do not verily finde this custome, that Popes onely should call Councels. Neither afterwards, in the time of Constantine the great, and of other Emperors, when Councels should be called, there was no great account made of the Popes consent: Durandus De Concilio celebrando Parisiis. 1545. Tit. 1, 2. Franciscus Zabarella Cardinall of Florence, de Schismate & Concilio p. 542, 543, 544, & Theodori∣cus a Niem de Schismate c. 3. 5. 7. p. 154. confesse and teach, that it belongs to the Emperors to call Councels. Them Code of the Liberties of the French Church saith directly, Although generall Councels ought not to be called or kept without the Pope, nor any thing to be decreed and concluded in them but by his authority, by the Ecclesiastical rule (made by Popes themselves) yet notwithstanding in the French Church it hath been ever resolved, that the Pope is not thought to bee above a generall Councell, but is bound to keep its Decrees, Statutes, & Precepts, no lesse than the people of the Church, which is the Spouse of our Lord Iesus Christ, and which is especially presented by the Councel.
Yea William Ranchin a famous French Lawyer, though a Papist, in his Review of the Councell of Trent, l. 1. c. 8. l. 3. c. 1. to 14. and l. 4. c. 1, 2, &c. not only avers, but copiously and irrefragably manifests by pregnant evi∣dences, that Generall, Nationall, Provinciall Councels, Synods, in all Christian Nations, Kingdoms, Republikes have alwayes been constantly summoned by Emperors, Kings, and christian Princes; and that neither the Pope, nor any Prelates or Ecclesiasticall persons whatsoever, have any lawfull power or au∣thority to call them, unlesse it be by the speciall licence and authority of Kings and Emperours first obtained. The like is maintained and proved at large by Marsilius patavinus, Defensoris Pacis pars. 2. c. 21. to 27. Rabanus Maurus de Universo l, 5. c. 7. Ioannis Marius de Schismate et Conciliis pars. 2. c. 1. to 19. p. 507, 508. by Carolus Molinaeus, in his learned praeface to his Commen∣tary on the Edict of King Henry the second of France, Contra parvas Datas, Page  8 et Abusus Curiae Romanae p. 14. to 27. by the resolutions of divers French Councels, Synods, and Edicts of Parliament, cited by Laurentius Bochellus, Decreta Eccles. Gal. l. 5. Tit. 20. cap. 17. 19, 20, 21. 29. 33, 34, 35. 38, 39. 41. 43, 44, 45, 46. & by the Code of the Liberty of the French Church (there quoted) resolving in these positive termes. Soliti sunt ab omni aeuo Reges Christianissimi, pro ratione rerum quae in Regno suo accidunt, habere Synodos, aut Concilia Provincialia aut Nationalia, in quibus inter alia ad statum Regni perti∣nontia, agitur etiam de Rebus ordinem & Disciplinam Ecclesiarum Regni sui spectantibus. Unde Regulae innumerae, Capitula, Leges, Ordinationes & Pragmaticae Sanctiones eorum Nominibus inscriptae prodierunt. Yea theirnFranciscus Victoria holds, that at this day in certain cases a generall Councell may be called a∣gainst the Popes minde, by the Emperor and Christian Princes, whether hee will or no. But although some Parasites of the Popes universall Monarchy, endeavour to entitle him to this prerogative royall of Christian Princes, to summon Synods and Councels, (contrary to the Resolutions of these and infinite other Popish Authors, and the practise of most popish Realmes) yet none of them entitle any other Bishops or Prelates to it but the Pope alone, unlesse it be by some speciall derivation from the Pope as his Legate; so that Bishops cannot claime this power by any immediate inherent right, but by a dirivative power onely, either from the Pope or Christian Princes: and from the Pope, no English Prelates, Ministers can, or dare derive it.

[ 3] Thirdly, to proceed to our own English Synods and Councels, wee shall finde that the right of summoning them and of our Convocations hath al∣wayes beene an indubitable Prerogative of our Christian Kings or Parlia∣ments, which I shall manifest. First by presidents. Secondly by Parliamen∣tory 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 oSynod held at verolam Anno 446, to suppresse the Pelagian heresie; with ano∣ther great Councell after that Anno 449, to like purpose; and the Councell of Wales Anno 465, were summoned by the Kings and Peoples joint assents who to∣gether with the Clergie were present and voted in them. ThepSynod of Wor∣cester, and at Augustines Oke, under Augustine the first Arch-bishop of Canter∣bury Anno 603. was called Ethelberti Regis ope & auxilio, by the assistance or summons of King Ethelbert; adjutorio usus Edelberti Regis, write some. So was theqCouncell held at Canterbury Anno 605 in which both the Clergy and people were present. TherSynod of Streneshalch An. 664. under Oswy King of Northumberland, and Alchfrid his Son, who weee present at it, was sum∣moned by their appointment, to decide the controversie, concerning the time of Easter, and other differences, Anno 693 KingsAlfrick Synodum Episcopo∣rum convocari fecit, caused a Synod of Bishops to be called together. Anno 694, Page  9 at great Councell was summoned to meet at Becanceld by King Wi∣thred, who sate President therein, & praecepit convocari concilium: who likewise assembled and sate President in the grand Councell of Berghamsted, Anno 697. About the yeare 714 there wasu a great Councell of the Bishops, Princes, Nobles, Earles, and of all the wise-men, Elders, and people of the Realme, un∣der King Ina; per praeceptum Regis Ina, by the precept of this King. An. 724 thexSynod of Northumberland was conveened authoritate & gratia Osredi, by the authority and favour of King Osred. The famous Councell ofyClo∣vesho about the yeare 748, was assembled, Ethelbaldi regis Merciorum auxilio, who sate President therein, and in a former Councell there held Anno 742. The z Councell 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. TheaCouncell of Clyffe An. 800, was convented by King Cenulfe his authoritie and assent.b A Synod was assembled by King Edward the elder: about the yeare 905, Rex praedictam Synodum congregavit, write the marginall Authors.cAn. 948. a Councell and Parliament was summoned at London per regium edictum, by Aedred his royall edict; the King and his Nobles, as well as the Bishops being present at it. The dCouncell of Enham An. 1009. ab Ethelredo rege edictum, was called by King Ethelred. TheeCouncell of Winchester An. 1070. was summoned and cele∣brated by the procurement of William the Conquerour,fRege procurante: so was the Synod at Westminster, An. 1075. Rex tandem Williesmus de negotiis agere constituens Ecclesiasticis An. 1075. apud Westmonsterium Synodum coegit. This being the undoubted right of Kings in those dayes, caused Archbishop Anselme (though a great stickler for the Popes and Prelates supremacie) An. 1093. to move King William Rufus to command Councels to be revived after the ancient manner:gJube (ait) si placet, Concilia ex antiquo usu renovari, quae perperam acta sunt in medium revocari: who after held ah Councell at Westminster. An. 1102. by King Henry 1. his assent, ipso annuente. The Coun∣cell atiWestminster, held by the Popes echerous Legate John de Crema An. 1125. was assembled Regis licencia, by the Kings owne licence: and the Coun∣cell of London An. 1129. summoned by this King. The Councell at Oxford against the Publicans was called by King Henry the second his Writ, Rex Epis∣copale praecepit concilium congregari, writeskNeubrigensis: So thel Synod of Cassels in Ireland for setling and reforming that Church, was congregated by King Henry the second his authoritie and command: Them Councell held by Hugo Cardinalis, the Popes Legat, at London under the same King An. 1176. was favore regio adjutus, called by the Kings favour and assistance. The Councell ofnLondon under Otho the Popes Legate An. 1237. was summoned by King Henry the third his authoritie and consent: And all Synods, Councels, Convocations from that time till this present, have ever been summoned by the Kings speciall Writs for the most part, as is evident by Matthew ParkersoAntiquitates Ecclesiae Britannicae, and by these ensuing ancient Presidents following, remaining upon Record.

Page  10 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' sequènt'.

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 finde some Convocations and Synods summoned without any speciall Writs yet extant which perchance are lost: however, though they were sum∣moned without speciall Writs, yet it was alwayes by the Kings licence, privi∣••, and assistance first obtained, or by former adjournments; and not by virtue of any summons from the Pope, Arch-bishop of Canterbury, or any other Pre∣lates, without or against the Kings command; as some of the ensuing Presidents manifest in direct termes.

Convocatio inchoata absque brevi mense Julii An. Dom. 1295.

Convocatio inchoata absque brevi die alia dominica qua cantabatur officium laetare, eodem Anno.

Convocat' inchoat' absque brevi die S. Hillarii An. Dom. 1297. Alia absque brevi pro defensione Ecclesiae cont' Scotos, die S. Edmundi Regis eodem Anno.

Convocat' inchoat' ad* instantiam Regis regressi à Flandriae inchoat' festo Na∣tiv' S. Johannis Baptistae An. Dom. 1298.

Convocat' Concilii provincialis absque brevi inchoat' 16. Maii An. Dom. 1356.

Convocat' Cleri Provinciae Cant' ad supplicationem dom. Reg. inchoat' die Mer∣curii proxim' post dominicam qua cantatur officium misericordia Domini, in Ec∣clesia 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.

Page  11 Convocat' inchoat' absque brevi 5. Novemb. An. Dom. 1377.

Convocat' inchoat' absque brevi 9. Maii. 1379.

Convocat' inchoat' absque brevi die Sabbat. proxim' post festum Purificationis S. Mariae Virginis An. Dom. 1379.

Convocat' inchoat' absque brevi 1. Decemb. An. Dom. 1380.

Since this time I finde no Synod, Councell, or Convocation, ever sum∣moned or assembled but by the Kings speciall Writs, yet extant among our Records, the particularizing whereof, being superfluous, I shall here omit.

Secondly, our Acts of Parliament expresly resolve, that our Convocations, [ 2] Synods, Councels, ought to be summoned onely by the Kings Writ. Hence the Statute of 8. H. 6. c. 1. recites,* That all the Clergie are to be called to the Con∣vocation by the Kings Writ: and thereupon enacts, That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming, go∣ing, and tarrying, as the great men and Commonalty of England called to the Kings Parliament doe enjoy. Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. & 27. H. 8. c. 15. made this acknowledgment;e Whereas the Kings humble and obedient subjects the Clergie of the Realme of England. have acknowledged according to truth, THAT THE CONVO∣CATION 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 en∣act, according to this submission and Petition of the said Clergie, that they, ne any of them from henceforth should make, promulge, or execute any new Canons, &c. in their Convocations in times comming, which ALWAYES SHALL BE AS∣SEMBLED BY AUTHORITY OF THE KINGS WRIT, &c. A cleare confession and resolution, that Councels, Synods, and Convocations here in England, alwaies have been, are, and for ever hereafter ought to be called and summoned, (not by the Popes or Prelates authority and citations) but by the Kings royall authoritie and Writ. Hence the English Clergie in most Bills of their Subsidies since, as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie gran∣ted by the Clergie. 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Ja∣cobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. & 3. Caroli c. 6. have in∣serted 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 ECCLE∣SIAE VESTRAE CATHEDRALIS divi Pauli London, vicesimo quarto die mensis Novembris Anno Dom. &c. inchoata & celebrata: to testifie, that their Synods Convocations are and ought to be summoned and held, only by virtue and authoritie of the Kings Royall Writ: and why not then their Vi∣sitations being in truth* Convocations and Synods?

Thirdly, the whole Church of England in the 39. Articles of Religion, [ 3] ratifiedf by Parliament, and all Clergy-mens subscriptions to them; as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion▪ Page  12Anno 1615. Artic. 76. unanimously resolve, as an Article of Religion not to be questioned: That generall Councels (and by the selfe-same reason Nationall and Provinciall) may not be gathered together (by Popes, Pre∣lates, or any other, persons) without the Commandement or will of Princes. Therefore the sole right of summoning them, belongs not to Popes or Pre∣lates, but to Princes and other supreme temporall Magistrates. And as these Articles, so the learned Writers of our Church, as incomparable Bishop Jewell in the defence of the Apologie of the Church of England, part. 1. c. 9. Divis. 1. p 52, 54. part. 6. c. 12. Divis. 2. p. 58. to 592. Reply to Master Har∣dings answer Artic. 4. Divis. 19. and 26. p. 193. 212, 213, 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect. 1. f. 18, 19, 20. Bishop Bilson in his true difference between Christian subjection & unchristian rebel∣lion, passim. Doctor William Whittakers Controversia 3, de Conci••s. Quaest. 2. p. 577. to 585. Doctor Willets Synopsis Papismi. Controversi. 3. Concerning generall Councels. 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 Propo∣sition 1. withg sundry others whom I pretermit, subscribe, and justifie this truth against all Romish opposites. And if these be not sufficient; all the Reformed Churches in their several confessions, registred 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 Councels, Convocations, Synods, belongs not to Popes or Prelates, but only to Christian Emperors, Kings, Princes, and other chief temporall Magistrates; which our late famous King James, (in the last place) in his Letters Patents prefixed before the Canons and Ecclesiasticall Consti∣tutions made in Convocation Anno 1603. ratifies to the full; affirming, that the Synod and Convocation at that time held, was, and ought to bee summoned and called only by vertue of his royall Writ. The like is affir∣med by our present Soveraigne 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 uncontrolable Presidents, and publike Authorities of whole Synods, Parliaments States, in all ages, which infinitely over-ballance the inconsiderable rash opinions of any private men, I shall deduce these Consectaries.

1. That the chiefest care of defending, propagating the true Religion, sup∣pressing errors, haeresies, schismes, vices, and enacting Laws, Canons for this end, for the Churches peace Government and advancement of Gods true Worship, belongs to Christian Princes or supreme temporall Magistrates, and is an es∣sentiall part of their duty; because the right and trust of calling Synods Councels upon all such occasions, is thus originally vested in them.

2. That* Synods & Councels are very useful, necessary, profitable to the Churches of Christ if rightly ordered, else God himself, all Christian king∣doms states, Churches would not have invested Kings & supream civill Magi∣strates with such a power of convening them; nor all Christian Kings, Emperors, Page  13 but made so frequent use of this their power,* not onely without opposition, but even with publike approbation; yea such hath been the necessity and ex∣pediency of Synods and Councels in all Christian Churches in all ages, That the generall Councell of Nice An. 363, the Councell of Antioch Can. 20. the first Councell of Constantinople Can. 3. the Councel of Africke Can. 18. the Councell of Chalcedon Can. 19. the third Councell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Councell of Toledo under King Sise∣nandus An. 61. the Greeke Synods collected by Martin Bishop of Bracara cap. 18. the second Councell 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 Councell of Orleans cap. 11. the Councell of Hereford under King Eg∣fred,* An. 670. the sixth Councell of Constantinople Can. 8. the Councell of Antricum Can. 7. the Councell of Mascon Can. 20. the Synod of Soissons under King Childeric; the Councell under King Pepin at the Pallace of Ver∣nis, An. 755. cap. 4. the Councell of Paris under Lewis, and Lothaire An. 829. the Councell of Meaux An. 845. cap. 32. yea the great Councell of Basill,

An. 1331. with sundry other Councels, Decree, that a Synod or Councell shall be kept twice or thrice (or at the least once) every yeare, at a certaine time and place in every Province. That all Bishops and others unlesse hinde∣red by sicknesse, or other inevitable occasions, should be present at it, and not depart from it till all businesses were ended and the Councell determined under paine of Excommunication,
* & that none should interrupt not keep back any necessary members from them.* Therefore certainly they are both expedient and necessary for the Church; not uselesse, antichristian, diabolicall, and perni∣cious to the Church, as some*Papists, Arminians, Socinians hertofore, and In∣dependents now, scandalously, ignorantly, if not maliciously deeme them.

Sect. 2.

THat Bishops and Clergie-men when assembled in Councels, Synods, and Convocations by Christian Princes and Magistrates, have alwayes been limited and directed by them, not onely for the time and place of their meeting, but likewise for the manner and matter of their debates and proceed∣ings: having no power, liberty to debate or determine any thing but what was first prescribed them by their summoners, or by their speciall Licence first obtained. With a touch of Princes and Laymens presiding, judging, voting in Synods and Councels.

Secondly, As Bishops and Clergy-men cannot summon Councels or Convocations, not yet assembled together in them, but by the Princes and supreme temporall Magistrates authority, who alwayes appointed both the time and place of their meeting, continuance and dissolution (as all ages, Page  14 Authors attest) so when they are lawfully met in Councels they cannot debate, determine any points of faith, nor yet frame any Ecclesiasticall Canons, Lawes, Constitutions in them, but by the Princes or Magistrates licence & direction that summoned them: who have always both abroad and at home, prescribed them either in generall or speciall termes, 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 generall Councell of Nice, and the Bishops therein assembled, were thus licensed and limited by Constantine the great, who fate President in it, asaEusebius withb 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 byc 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 al earnest endeavour, within those fitting bounds he there prescribed; tel∣ling them, That he had sent Dionysius the Consull to admonish them of all things they were to do, and who ought to be present at their Synod, Maximè 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,d The Bishops assembled by Constantius his Edict in the Councell of Ariminum most humbly requested his Majesty, of his gracious favour and wonted cle∣mency, to grant them license and lawfull favour firmely to persevere in those things which their ancestors had decreed, and that nothing might be dimi∣nished or added unto the old and ancient decrees.e In the Councell held at Seleucia summoned by Constantius precept it was commanded by this Em∣perors Edict that they should reason of the faith and Arrian opinions in the hearing of Leonas, a Layman of great authority and fame in the Emperours Court who was chief President in that Synod to order it; who in the first day of its assembly, commanded, that every one should freely propose what pleased him best, touching the questions of faith there controverted: he and Laurocius Captaine of the Garrison in Isauria swaying that Councell, orde∣ring what they should treat of, and how proceed. Yea Constantius himselfe (asfNicephorus records) appointed both the Synods of Ariminum and Seleucia by his letters, that they should first of all decide the controversie of the profession of the faith; afterwards deliberate of other Ecclesiasticall san∣ctions; and after that of those Bishos that had been wrongfully deposed or banished.g The second generall Councell at Constantinople, was enjoyned by Theodosius the elder, who called it, to confirme the Decrees of the Coun∣cell of Nice, and to deliberate upon whom the See of Constantinople, then voyd, should be conferred. In the fourth generall Councell of Chalcedon,hPulcheria the Empresse writes to Strategus Consul of Bithynia, to have a 〈◊〉, that the Synod should observe all discipline and order, without commo∣tion or contention; and in this Councell divers of the Emperors great Page  15 temporalli Officers and Senators of State, sate as chief Moderators, Gover∣nours, Iudges, ordering and directing the Bishops, who did nothing but by their advice and permission, according to the Emperor Martianus instru∣ctions, in his Oration in and to that Synod, and his Epistles to Count Elpidius. In this CouncellkDioscorus, Juvenalis, and Thalassius were condemned and put from their Bishopricks, by the Lay-Iudges, and many noble Senators pre∣siding in it, who used this speech in that Councell concerning the debates of faith: We see, that touching the right Catholike faith, the next day wheron the Councell shall meet, there must be had a more diligent examination; When all matters were ended, the Bishops and Councel remitted all their acts to the Emperours Majesty; yea when the Senate and Emperor had concluded and published their Iudgements of the Councels determinations; The Bishops of the East brake out into these acclamations, Iust and right is the Iudgement: Long life to the Senate, many yeares to the Emperour: acknowledging them the su∣pream Iudges, as well in Ecclesiasticall Causes and matters of Religion, as in temporall affaires. Whence the EmperourlTheodosius writ thus to this Councell, Because we know the most magnificent Florentius a Nobleman, to be faithfull, and approved in the right faith; Therefore we will, that he be present to heare the debates of the Synod, because the Disputation is concerning matters of faith; he being one of the Iudges in this Councell. This Emperour mTheodosius, 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 appeare before him, and to write several confessions of their faith, That himselfe might Iudge between them which faith was best.

Having received their writings, he commanded publike prayers to be made, and him∣self also prayed both publikely and in private, that it would please God to assist him with his holy Spirit, and to make him able to Iudge justly; then he perused and considered each Confession assunder by it self; and in conclu∣sion, alowed onely the Catholikes, and condemned the confession written by the Arrians and Eumonians, and tore them in pieces.

nTheodosius the yonger sent his letters to Dioscorus the Patriark of Alexan∣dria, in this, and in the second Councell of Ephesus with these words,oWe decree, that the most holy Bishops meeting together, this vaine doubt may be dis∣cussed, and the true Catholik Faith confirmed; Therfore your Holinesse bringing ten of the most reverend Metropolitanes that be within your Province, and ten other holy Bishops well accounted of for their learning and conversation, shall hasten with∣all speed to meet (the rest) at Ephesus by the first of August next, no Bishop be∣sides the foresaid troubling the sacred Synod; If any Bishop fayle 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, unlesse the whole Councell thinke 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 favourers will do their best to be present at this Councell; Therefore Page  16 we thinke needfull to advertise you and the whole Synod, that not onely in respect of Theodoret, but of all others which have ought to do in your Councell, we give you the preheminence and chiefe authority. And those that adde or diminish any thing to or from the Nicene Fathers, and the Fathers since that assembled at Ephe∣sus, We suffer them not to presume any thing in this sacred Synod, but will have them subjected to your Judgement, because we have appointed this Synod for that purpose. And in the very same Councel he likewise commanded;pThat those Bishops, who not long before sate in judgement 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 com∣manded that they should neither say, neither do any thing in the sacred Councell, untill the right faith were considered. Yea the EmperourqMartian charged the 630. Bishops in this great Councell, That none of them should dare dispute of the Nativity of our Lord and Saviour Christ, otherwise that the 318. Fathers of Nice determined. And in the same CouncellrEusebius Bishop of Dorilaeum put up a supplication to the Emperours Martian and Valentinian: against Dioscorus Patriarke of Alexandria, with these words: In most humble wise we beseech your Majestie, that you will command the Reverend Bishop Dios∣corus to answer to those things that we lay to his charge, for confirming a wicked heresie and deposing us unjustly; directing your sacred Precept to an oecumenicall Councel of Bishops, to hear the matter between us and the said Dioscorus; and then to certifie your Majesties of the whole cause, that you may doe therein what shall please your Graces.kIustinian the Emperor limited the fift generall Councell 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 doe.lCon∣stantius Pogonatus prescribed the sixt generall Councell of Constantinople called by him, to handle and define the Chapter delivered to them by his appoint∣ment, and to prove the same by holy generall Synods and Fathers: yea, him∣selfe sate President in that Councell, and directed it as he thought meet, as the beginning and end of every action of that Councell manifests; Praesidente eodem piissimo & Christo dilecto magno Imperatore Constantino. Constantinus pi∣issimus Imperator dixit, sufficit, &c. being frequent in it, and many of his tem∣porall Lords and Officers sate there as Iudges with him. Them seventh ge∣nerall Idolatrous Councell of Nice, was likewise regulated, directed by the Letters of Constantine and Irene, by Petronius the Proconsul, Theophilus an Earle of the Emperours retinue, and by Iohn his royall Porter and treasurer of his Army, with other Senators, who sate as chiefe Moderators in that Coun∣cell. n The eighth generall Councell was prescribed and directed how to pro∣ceed, and what to treat of, by the Emperour Basilius; who caused his Princes & Nobles to sit in that Councell as principall directors, whose judgement the Popes Legates themselves in that Councell demanded, himselfe sitting some∣times in person therein as chiefe President. As all these generall Councels were thus regulated and directed by those Emperours that summoned them and debated, concluded nothing but by their speciall license and direction: so all Page  17 other forecited Nationall and Provinciall Councels were likewise limited and directed by those Emperours and Kings that called them, as the fore-alleaged quotations evidence at large to such as will peruse them many of these Em∣perours, or their temporall deputies, sitting personally in them, as chiefe Presi∣dents and Moderators. The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus, who summoned them;oAl the Priests which ye have summoned to the Councell, 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 Ti∣tles You have given us to consult of, we have deferred those things which seeme meet to us: so as if those things which we have concluded may likewise be appro∣ved to be right by your judgment, the consent of so great a King, and of a greater Lord may by his sentence and authority confirme the sentence of so many Clergy∣men to be observed. Lo here the King prescribes this Councell particularly in writing what Articles they should treat of. In thep severall Councell of Basil, Florence, Lateran. Constans, Sennes and Trent, summoned by the Popes usurped authority, the Emperours, Kings, Dukes, and Princes, who sent any Bishops to those Councels, had their Embassadours and Agents (though Lay∣men) 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 seve∣rall Acts of these Councels testifie; some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations, which they limited, decreeing a Councell 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 Emperours and other Princes, against their wills To con∣clude with forraigne presidents, the late famous Synod ofqDort Anno 1618. was summoned by the Estates of the Netherlands, who enacted certaine Lawes and prescribed Articles to the Synod, according to which they should proceed;

appointing likewise divers Lay-men to sit in that Councel as their Delegates, commanding and enjoining them and every of them, in their name, and in their authority, to open the Synod, and in all and singular Sessions and Actions to be present in their name, so to compose and order all things with their pru∣dence counsell and moderation, which belonged to their inspection and care, according to those speciall instructions they had given them, and the Articles they had framed for the ordering and holding of that Synod; which had power to treat of order, or determine nothing, but what they had commission and licence from the States.
In few words, the famous Lawyer William Ranchin (though a Papist) resolves and proves at large, in his Review of the Councell of Trent, l. 3. c. 10. That it belongs to Emperours and Kings to prescribe not onely the place, time, beginning, and ending, but the very forme of Councels proceedings, both in respect of persons, matters to be debated, and all other circumstances.

As for Lay-mens presence, presidencie, and Votes in Councels, to give a lit∣tle 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. Page  18 9. 22. to 30. c. 16, 4. c. 21. 22.) That Lay-men were not onely present, but had Votes and consents in the first Apostolicall Councels. In theaCouncell of Ephesus, Candidianus, a Noble-man, was appointed by the Emperour to hold the Fathers there assembled to the points proposed, and to keepe every man in order, giving the chief directions therein. In thebFrench Synod under Childerick and Charle∣man Anno 742. In the Synod of Soissons Anno 744.cof Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph, ofd Paris under Philip Augustus, An. 1179, and 1184. ofe Vezelay under Lawes the young, of Paris under Philip the faire, called against Boniface the 8. of Bourges under Charles the seventh, which made the pragmatick sanction: off Toledo 6. 8. & 12. ofg Rome under Otho the first: ofh Wormes under Henry the third: in theiCouncell held in the South part of England An. 903. under King Edward and Raymond:kin the Councell of London under King Stephen An. 1150. these severall Kings, together with their Barons, Nobles, and other Lay-men, were present in all these Synods, Councells, as well as Clergie∣men or Prelates, and gave consenting, confirming Votes to things debated, concluded in them: these Synods being in truth meere Parliaments, as I shall hereafter manifest. In thelCouncell of Constance there were present not onely the Emperour, but divers Embassadours, Nobles, and Lay-men of great quality and condition; to wit 24 Dukes, 140 Earles, divers Delegates of Cities and Corporati∣ons, divers learned Lawyers and Burgesses of Ʋniversities, who were not debarred from voices, and power of deliberating therein. In the firstmCouncell of pisa, there were present to the number of 400 Lay-men of note, delegates of Cities, Ʋni∣versities, 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 Councell of Pisa there were many such Delegates, Doctors of Law, and Lay-men, well skilled in di∣vine and humane matters. In the first Councell of Nice, there were present (writesn Socrates) many very learned Lay-men, and well skilled in disputa∣tion, who puzzled great Philosophers in matters of dispute. In the generall Councell 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 theo Lateran Councell held by Charles the great and Pope Adrian, and called principally by this Pope, the Councell was most solemnly held by 53 Ecclesia∣sticall persons, Bishops or Abbots, together with Judges, Magistrates, and Do∣ctors of Law from all parts and also persons of all sorts and states of that City, and all the Clergie of the Church of Rome; who made enquiry of the customes, lawes, and manners of that Church and Empire; consulting also by what meanes heresies and seditions might be rooted out of the Apostolique See; and treating of the dignity of the Senate and Empire of Rome, seeing that by reason of these things a false errour was spread over the whole world. In another Councell ofp Late∣ran under Pope Leo and the Emperour Otho, the Pope himselfe in his Speech Page  19 to the Emperour, confesseth, that that Councell consisted not onely of Clergy∣men, but of Judges and Doctors of Law. That such may be competent and meet Judges in matters of Religion and Church-affaires, is evident by this notable passage of Cardinallq 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 possesse any worldly goods, and Zenosimus, who never re∣ceived present from any in the time of his Consulship, were appointed Iudges of this controversie: With which the saying of learnedr John Gerson, Chan∣cellour of Paris, accords, There was a time, when without any rashnesse or preju∣dice to faith, the controversies of faith were referred to the judgement of Pagan Philosophers; who presupposing the faith of Christ to be such as it was confessed to be, however they did not beleeve 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 Councell of Nice, as is left unto us upon record. So likewise Eutropius, a Pa∣gan Philosopher, was chosen JVDGE betweens Origen and the Marcio∣nites, who were condemned by him. If Pagan Philosopehrs thentmuch more Christian Laicks, endowed with learning and wisdome, may be fit Iudges of controversies of Religion and Ecclesiasticall affaires, 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 onely informes us, that Crispinus Bishop of Calamen, a Do∣natist, being accused before the Proconsull for an Hereticke, and for breaking the lawes against Hereticks; and denying himselfe to be one, St Augustine and he de∣bated the controversie three severall times before the Proconsull, in a great multitude of Christian people expecting the event, both at Carthage, and throughout all Africk; and that Crispin at last was pronounced an Hereticke by the Proconsull by a judiciall sentence. After which there was augenerall meeting at Car∣thage, between all the Catholike Bishops and the Donatists, by the speciall command of the most glorious and religious Emperour Honorius who sent Mar∣cellinus the Tribune and Notary into Africk, to bee Iudge in that Collation; In which Conference the Donatists being throughly confuted and convinced of er∣rour by the Catholikes, were condemned by the sentence of the Iudge: From which sentence they appealing to this Emperour were afterwards upon full hearing condemned by him, and declared Hereticks: Vpon which Appeale of theirs* St. Augustine descants thus: Is it peradventure not lawfull for the Emperour, or those whom the Emperour shall send, to give judgement in a matter of Religion? Why then came your Embassadours to the Emperour? why made they him the Iudge of their cause? &c. The Act of Marcellinus his sentence against the Donatists runs thus:x To the end that apparent errour may undergoe 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 Crowne, as of pri∣vate possessions, with the Ancients in all places, that not forgetting the Lawes, their owne dignity, honour, and safeguard, they doe their endevour to hinder all Conventicles of the Donatists, in all Townes whatsoever; who shall bee bound to Page  20 surrender up to the Catholikes those Churches which I allowed them of courtesie untill the day of sentence, without Commission from the Emperour.y Photius Bishop of Smyrnae being accused for an Heretick by the Councell there, was af∣terwards admitted to dispute with the Catholike Bishops; in which dispute (saith Sozomen) certaine Iudges were ordained for Presidents of the Councell, who from that time forwards were accounted men of prime ranke in the pa∣lace, both for knowledg and dignity: after many objections and answers pro and con, Basil Bishop of Ancyra, who defended the doctrine of the Catholikes, got the victory, and Photinus was condemned and sent into banishment. Athanasius in his 2. Apologie, requests that the Emperours most godly and re∣ligious Majesty might have the hearing of his own and his churches cause;

for we have good hopes that his godlinesse understanding our reasons, will never condemne us.
If this seem strange to any Romanist, that Lay-men should be competent Iudges in matters of Divinitie, and have voices in Councels, their owne Pope Nicholas his resolution in this very point may cease their wonder, who saith in downe-right termes,z Faith is catholike and common to all, as well to Lay-men as Priests, yea generally to all Christians; (he speaks it expresly of Lay-mens assisting in Councels;) therefore it is just and reasonable they should have voices in matters of faith, as well as Bishops and Clergy-men. I shall close up this with the resolution ofa Marsilius of Padua, who expresly resolves, that Lay-men (especially those who are pious and learned) ought to be present in, and summoned to generall Councels as well as Clergie-men; especially when the Clergie are either ignorant, corrupt, or erronious in their judgements, or scandalous in their lives. His reasons are these, First, because they have all as great an interest in the faith, and Churches good, as any Prelates, Popes, or Clergie∣men: Secondly, because many of them are better learned and versed in the Scrip∣tures and Antiquities then many Bishops and Clergie-men, yea more sound, and or∣thodoxe in their judgments then they: Thirdly, because they were present, and had voices in the Synod at Hierusalem even in the Apostles dayes, Acts 15. and in the purest first generall Councels, in which the Emperours with their Nobles and Officers assisted in the resolving of Scripture doubts: Fourthly, because the very Code of Isiodore, for the manner of holding Councels, hath this direction,b De∣inde ingrediantur LAICI qui ELECTIONE CONCILII INTERESSE MERUERUNT; Multò magis igitur qui fuerint literati, & in lege divina pe∣riti, quanquam non sacerdotes existant; sic enim fecerunt Apostoli cum Seniori∣bus, &c. If any desire further satisfaction in this point, let him consult Willi∣am Ranchin hisc Review of the Councell of Trent, (who is copious and zealous in this point, though a Papist) Bishop Jewels Defence of the Apologie, part 6. cap. 12. 13 14. 15. and the ensuing Sections.

But to returne to the point proposed. As in the forecited Councels abroad, so in our Councels, Synods, and Convocations at home, as our Kings and their Nobles were usually present and president (as I shall shew hereafter) so the Prelates could debate propound, and conclude nothing without their privity and licence. HencerEadmerus records of King William the Conquerour, that all divine and humane things did expect his approbation, for he would not Page  21 suffer any man living within any of his Dominions to receive the Bishop of Rome, as Apostolicall, unlesse he commanded him, nor yet to accept his Let∣ters upon any termes if they had not been first shewed to him. Yea he did not suffer the Primate of his Kingdome, to wit the Arch-bishop of Canterbury or Dover, if he sate President in a generall Councell of Bishops gathered toge∣ther to decree or prohibit any thing; but those things which were sutable to his will, and had been first ordained by himselfe.

William Rufus his sonne tooke the same jurisdiction on him, and challenged it as part of his Prerogative Royall. For when ass Anselme Arch-bishop of Canterbury moved him; to command, if he pleased, Councels to be renued, according to the ancient use, because there had not been a generall Councell of Bishops in England since his comming to the Crowne, not in many yeares before: he gave him this reply: When I shall thinke fit, I will do something con∣cerning these things, not at thine, but my owne pleasure. But of this I shall thinke some other time, and adds by way of scoffe; but thou, whence speakest thou in a Councell? After this, the King demanded of him, from what Pope he would re∣ceive his Pall? he answered, from Urbane: which the King hearing, replyed, That he had not yet taken him for Apostolicall, neither had it been the Custome in his or his Fathers time, that any one should name a Pope in the Kingdome of Eng∣land, 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 endeavoured to take his Crown from him. If therefore thou recivest the same Vrban or aeny other for Pope in my Kingdome, or holdest him being received, thou doest against the faith and al∣legiance which thou owest to me, neither dost thou offend mee lesse in this, than if thou shouldest endeavour to take my Crown from me. Wherefore know, that thou shalt have no share or portion in my Kingdome, if I shall not see thee by open asser∣tions to deny all subjection and obedience to Vrban, at my desire; Which he refu∣sing to doe, the Bishops and Noblemen sent to him from the King, told him; Tha the whole Kingdome complained against him, that he endeavoured to take away from their common Lord the dignity of his Empire and his Crowne: For who∣soever deprives him of the customes of his Royall dignity, takes away his Crown and Kingdome 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 Councell held at Glocester, to which the King sent this Man∣date,t Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestri∣am die Sabbati. in chrastino Sanctae Catharinae firmiter inhibendo, quod sicut Ba∣ronias 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 certò quod si fece∣rint, Rex inde se capiet ad Baronias suas. Teste Rege apud Hereford 23. Novembris &c. Anno 1237. in the Councel held at London under Otho the Popes Legate; the King sent the Earle of Lincolne with others to the Legate sitting in Coun∣cell with an Inhibition in the Kings namevto determine of nothing against the Crowne and Dignity: Ut dicto Legato (writes Matthew Paris) ex parte Regis & Regni inhiberent, ne ibi contra Regiam coronam & dignitatem aliquid sta∣tuere Page  24 attemptaret: and William de Reel, one of the Messengers remained in the Convocation house, to see this Inhibition observed, clothed in a Canonicall 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 finde a generall Prohibition usually directed to the Convocation the Prelates and Clergie therein (such loyall subjects usually were they) Ne quid attemptarent contra jus Regium: Ne quid statuant contra Regem in Conci∣lio suo: Ne aliquid tentetur contra Coronam Regis in congreganione Cleri, &c. the King confining them of what to treat and conclude, of what not to entermeddle without his speciall license. Not to mention, Thatxour 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 Clergie of the Realm of Eng∣land, submitting themselves to the Kings Majesty, then promised in verbo Sa∣cerdotii, that they would never from thenceforth presume to attempt, alleadge, claime, or put in ure, or enact, promulge, or execute any new Canons, Con∣stitutions, Ordinance provinciall or other, by whatsoever other name they shall be called, in the Convocation, unlesse the Kings most Royall assent and Licence may to them he had to make, promulge, and execute the same, and that His Majesty doe give His most Royall assent and authority in that behalfe. And thereuponyenacts according to the sayd submission and petition of the Clergie that they (assembled together in Convocation) ne any of them (to wit in their severall Visitations, Synods, Constitutions, Chapters) from henceforth Shall presume to alleadge, claime, or put in ure any Constitutions or Ordi∣nances provinciall or Synodals, or any other Canons nor shall Enact, Pro∣mulge or execute any such Canons, Constitutions or Ordinance provinciall, by what name or names they may be called in Convocation for time to come, unlesse the sayd Clergy may have the Kings most Royall assent and licence to make, promulge and execute such Canons, Constitutions and Ordinances pro∣vinciall or Synodall: upon pain of every one of the said Clergy doing the con∣trary to this, being thereof Convict, to suffer imprisonment, and make fine at the Kings will. Hence the whole Clergy of England in their Booke entituled 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; acknow∣ledge 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 sum∣moned to re-establish Popery; the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament, which was accordingly held, and conti∣nued six whole dayes, many Earles, Lords, knights, Gentlemen, and divers of the Parliament, Court, and City being present at it: to the end that they might con∣stitute Laws of the matters of Religion debated, which the Queen and Parliament might ratifie. The Disputation being ended; The Queen sent a Writ to Bonner Page  23 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) suc∣ceeding her, called a Parliament and Convocation to suppresse Popery, and re-establish the Protestant true Religion. To effect which with more facility, this piousvQueen, having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects, and being very desirous to have the same reduced to some godly and christian concord, by the advice of the Lords and others of the Privy Councell (as well for the satisfaction of persons doubtfull, as also for the knowledge of the very truth in certain matters of difference) commanded a convenient chosen number of the best learned of either part, to conferre together their opinions and reasons concerning three particular points that should be pre∣scribed 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 Proposi∣tions prescribed to them in writing.

1. It is against the word of God, and the custome of the ancient Church, to use a tongue unknown to the people, in common Prayer, and the administration of the Sacraments.

2. Every Church hath authority to appoint, take away, and change Ceremonies and Ecclesiasticall Rites,* so the same be to edification.

3. It cannot be proved by the word of God, that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead.

It was further resolved by the Queens Majesty, that the conference on both parties should be in writing, for avoiding much altercation of words: that both sides should declare their minds, opinions and reasons in writing, and at the same day deliver them mutually one to the other, to be considered, and to re∣turn their answers thereto in writing by a certaine day. Immediately herupon, divers Nobles and States of the Realme, understanding that such a meeting and conference should be in certain matters, whereupon (In the Court of Parliament consequently following,) some Lawes might be grounded; they made earnest request to her Majesty, that the parties of this conference might be ordered to put and read their Assertions in the English tongue, and that in the presence of them of the Nobility and of The Parliament House, for the better satisfaction and ordering of their owne judgements, to treat and conclude of such Lawes as might depend hereupon. This also being thought very reasonable, was signified to both parties, and so fully agreed upon; and the day appointed for the first meeting to bee the Friday in the afternoone (being the last of March) at Westminster Church. At which day and place, both for good order, and for honor of the Conference, By the Queens Ma∣iesties Commandement, the Lords and others of the privie Councell were present, and a great part of the Nobility also: The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference, as you may read at large in Master Fox, in the second dayes discourse.

Page  24

In this Conference, I shall onely observe two passages of the Protestant party.
*The first, is the begining of their Prologue to their written Confe∣rence, in these words. For as much as it is thought good to the Queens most Ex∣cellent Majesty (unto whom in the Lord all obedience is due) that we should de∣clare our Iudgement in writing upon certain Propositians; We, as becometh us to do herein, most gladly obey. The next is, their third observation from the law of Justinian the Emperor, (commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce, &c.) And let them know this, that if they neglect any of these things, the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you, neither will wee when wee know it, rest, and leave it unrevenged, viz. That this Emperour being a chri∣stian, did not only make Constitutions of Ecclesiasticall matters; but also threat∣neth revenge and sharp punishment to the violaters of the same. Therefore they held he had an obliging power over his Subjects, and a coersiveauthority vested in him to enforce obedience to his Lawes: of which more hereafter.

As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off, and how. So it continued in use, and was punctually submitted to by all Convocations during her Raigne: and that not onely as a matter of comple∣ment, but of conscience, religion, and the established doctrine of the Church of England; as you may read at large in Bishop Jewels Apology of the Church of England; and in the Defence of his Apologie against Harding, part. 6. c. 9. to 16. p. 689. to 766. (a learned full discourse to this purpose) and in Bishop Bilsons true Difference between Christian Subjection, & unchristian Rebellion, the second part: (to omit* all others who have handled this subject in her Raigne.) It seemes therefore strange to me, that this which was reputed the true doctrine of the emminetest learnedest writers & Reformers of this Church, and of the Church of England it selfe from the begining to the end of her happy Raign and ever since, should bee deemed meere Antichristian, Diabolicall, the∣omacall, and meer Popish doctrine now; when as the contrary opinion is really such.

Our late Soveraigne King James, in hiszLetters Patents before the Ec∣clesiasticall Canons and Constitutions made in Convocation A. 1603. re∣cites, that he called that Convocation by his Writ, and that e did By severall Let∣ters Patents under his Great Seale of England, the one dated the 11. of April, the other the 25. of Iune, in the first year of his Raigne, Give and grant full, free and lawfull liberty, power and Authority unto the sayd Clergy in their Convoca∣tion (who without such a Patent and License could debate and conclude no∣thing, else it had been vaine and superfluours) To conferre, Treat, Debate, Consider, Consult and agree, of and upon such Canons, Orders, Ordinances and Constitutions, as they shall thinke necessary, fit, and convenient, for the ho∣nour and service of Almighty God, and quiet of the Church, and the better go∣vernment therof, &c. And our present Soveraign King Charles, in hisaDecla∣ration 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 Page  25 his speciall command, An. 1628.) resolves in these very words, this point of his royall Prorogative derived from his Predecessors: That We are supreame Governour of the Church of England: and that If any difference arise about the externall policie concerning Iniunctions Canons, or other Constitutions whatsoever thereto belonging the Clergy in their Convocation (not the Bishops in their Consistories, Visitations, or high Commissions) is to order and settle them: having first obtained leave under Our broad Seale so to do, and We approving their said Ordinances and Constitutions; provided, that none be made contrary to the Lawes and Customes of the Land. What power our Kings have excercised in Convocations to direct and limit them in all their proceedings, determina∣tions, Canons in former ages, especially since 25. Hen. 8. c. 19. will appeare; First by the forme of our Kings Writs for summoning a Convocation; of which I shall give you onely one late president, agreeing in forme and sub∣stance with all former Writs of this kinde.

CAROLVS Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex fidei defensor, &c. Reverendissimo in Christo Patri ac fideli Conciliari Nostro Gu∣lielmo, eadem gratia Cantur. A chiepis. totius Angliae Primati & Metropolitano, salutem. Quibusdam arduis & urgentibus negotiis Nos, securitatem & defen∣sionem Ecclesiae Anglicanae, ac pacem & tranquilitatem, bonum publicum & Defensionem regni Nostri & subditorum Nostrorum ejusdem concernentibus Vobis in fide & dilectione quibus Nobis tenemini rogando mandamus quatenus re∣missis debito intuitu attentis & ponderatis, universos & singulos Episcopos vestrae Provinciae, ac Decanos Ecclesiarum Cathedralium, nec non Archidiaconos, Capi∣tula & Collegia, totumque Cleum cujuslibet diocesios ejusdem Provinciae, ad com∣parendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro, vel alibi, prout melius expedire videritis, cum omni celeritate accommoda modo debito convocari facias, ad tractandum, consen∣tiendum, & concludendum super premissis, & aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra: Et hoc sicut Nos, & Statum Regni Nostri, ac ho∣norem & utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis. Teste meipso apud Westmonast. vicesimo die Februarii Anno regni Nostri quintodecimo.

Secondly, by the forme of the Kings royall License commonly granted to the Convocation, before they may or can debate of any thing particularly, the forme whereof you may discerne in this subjoyned, directed to the last Convocation, 1640.

CHARLES, By the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all to whom these presents shall come greeting. Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth, reciting; That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England, had not onely knowledged according to the truth, that the Convocation of the same Clergie were alwayes, had bin, and ought to bee assembled by the Kings Writ, but also submitting themselves to the Kings Majesty, had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt, alledge, claime, or put in Page  26 ue, or enact, promulge, or execute any new Canons, Constitutions, Ordi∣nances, provinciall or other, or by whatsoever other name they should bee called in the Convocation, unlesse the said Kings most Royall assent and li∣cense might to them be had, to make, promulge, and execute the same, and that the said King did give his most Royall assent and authority in that be∣halfe. It was therefore enacted by the authority of the sayd Parliament ac∣cording to the said submission and Petition of the said Clergie (amongst other things) that they nor any of them from thenceforth should enact pro∣mulge, or execute any such Canons, Constitutions, or Ordinances provin∣ciall, by whatsoever name or names they might be called in their Convoca∣tions in time comming, which alwayes shall bee assembled by authority of the Kings Writ, unlesse the same Clergie might have the Kings most Royall assent and license, to make, promulge, and execute such Canons, Constitutions, and Ordinances provinciall, or Synodall, upon pain of every one of the said. Clergie doing contrary to the said Act, and being thereof convict, to suffer imprisonment, and make fine at the Kings will, &c.

Know ye, that We for divers urgent and waighty causes and considerations Vs thereunto especially moving, of Our especiall Grace, certaine knowledge and meere motion, have by vertue of Our Prerogative Royall, and supream authority in Causes Ecclesiasticall, given and granted, and by these presents do give and grant, full, free, and lawfull liberty, license, power, and authority unto the most Reverend Father in God, William Lord Arch-Bishop of Can∣terbury, Primate of all England, and Metropolitan, President of this Convo∣cation for the Province of Canterbury, and to the rest of the Bishops of the same Province, and to all Deans of Cathedrall Churches, Archdeacons, Chapters and Colledges, and the whole Clergy of every severall Diocesse within the said Province; that they, or the greater number of them (wherof the said President of the said Convocation to be alwayes one) shall and may from time to time, during our will and pleasure propose, conferre, treat, de∣bate, consider, consult and agree upon the exposition or alteration of any Ca∣non or Canons now in force, and of, and upon such other new Canons, Orders, Ordinances and Constitutions, as they the said Lord Arch-bishop of Can∣terbury President of the said Convocation, and the rest of the said Bishops and other the Clergie of the same Province, or the greater number of them, (wherof the sayd Lord Arch-bishop of Canterbury President of the said Con∣vocation to be one) shall thinke necessary, fit, and convenient, for the honor and service of Almighty God, the good and quiet of the Church, and the better government thereof, to be from time to time observed, performed, fulfilled and kept, as well by the sayd Lord Arch-bishop of Canterbury, the Bishops and their successors, and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings, offices, Functions, Mini∣steries, degrees and administrations, as also by all and every Deane of the Arches, and other Iudges of the sayd Arch-bishops Courts, Guardians of Spiritualties, Chancellors, Deans and Chapters, Archdeacons, Commissaries, Officialls, Registers, and all and every other Ecclesiasticall Officers, and their inferiour ministers whatsoever of the same Province of Canterbury, in their Page  27 and every of their distinct Courts, and in the order and manner of their and every of their proceedings, and by all other persons within this Realme, as far as lawfully, being members of the Church, it may concerne them. And further to conferre, debate, treat, consider, consult and agree of and upon such other points,*matters, causes and things, as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated, concluded, consulted and concluded upon, the sayd Statute, or any other Statute, Act of Parliament, Proclamation, Pro∣vision or restraint heretofore had; made, provided, or set forth, or any o∣ther cause, matter, or thing whatsoever to the contrary notwithstanding. And we do also by these Presents give and grant unto the sayd Lord Arch∣bishop of Canterbury President of the sayd Convocation, and to the rest of the Bishops of the said Province of Canterbury, and to all Deanes of Cathe∣drall Churches Archdeacons, Chapter, and Colledges and the whole Clergy of every severall Diocesse within the said Province, full, free, and lawfull liberty, licence, power and authority, That they the sayd Lord Archbishop of Can∣terbury President of the sayd Convocation, and the rest of the sayd Bishops and other the Clergie of the same Province, or the greater number of them whereof the sayd President of the sayd Convocation to be one, all and every the sayd Canons, Orders, Ordinances, Constitutions, matters, Causes and things so by them from time to time conferred, treated, debated, considered, concluded, and agreed upon shall, and may set down in writing in such forme as heretofore hath been accustomed, and the same so set down in writing, to exhibite and deliver, or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon,*may allow, approve, confirme and ratifie, or otherwise disallow, annihilate, and make voyd such, and so many of the sayd Canons Orders, Ordinances, Constituti∣ons, matters, causes and things so to be by force of these Presents, considered, consulted and agreed upon, as wee shall thinke fit, requisite, and convenient. Provided alwayes, that the sayd Canons, Orders, Ordinances, Constitutions, matters, and things, or any of them so to be considered, consulted, or agreed upon as aforesaid, be not contrary or repugnant to the Liturgy established, or the Rubrick in it, or the nine and thirty Articles, or the Doctrine, Orders and Ceremonies of the Church of England already established. Provided also, and our expresse will and commandement is, That the sayd Canons, Orders, Ordinances, Constitutions, matters and things, or any of them so to be by force of these presents, considered, consulted, or agreed upon, shall not be of any force,* effect, or validity in the Law, but only such and so many of them, and after such time as we by our Letters Patents under our great Seale of England, shall allow, approve and confirme the same, any thing before in these presents contained to the contrary thereof in any wise not∣withstanding; &c. In witnesse whereof We have caused these our Letters to be made Patents; Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne.

Per Regem Ipsum.
Willys.

Page  28 To which I shall adde the Kings further Warrant, for making a particular Canon and Oath in the late Convocation.

Charles R.

MOst reverend Father in God, right trusty and right entirely beloved Coun∣cellour: Right reverend Fathers in God right trust and well-beloved: and trusty and well-beloved, We great you well. Whereas We out of our meere grace and favour, and for the good and peace of the Church, have granted to you our Arch-Bishop of Canterbury, free leave and licence under our great Seale of England, bea∣ring date the twelfth of this instant May, to propose, treat, and conclude upon all such necessary Articles and Canons, which you shall finde fit to be ordered for the peace and government of this Church: Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parlia∣ment. And whereas we have further in that Licence which we have granted unto you,* reserved power to our selfe to command you to propose, treat, and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet. These are therefore to will and require you to propose, treat, and conclude upon such a Canon, as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom; as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England, e∣stablished by Law: And that in this case you agree upon some Oath to be taken by your selves, and all the Clergie respectively, and by all which shall hereafter take upon them holy Orders, that they shall adhere constantly to the doctrine and discipline here established, and never give way (for so much as can any way concerne them) to any innovation or alteration thereof. And when you have made this Canon, and in∣serted this Oath, we require you to present it to us, that we may advise upon it; and if upon mature consultation we approve it, we shall confirme it, and then give you power under our great Seale both to take the said Oath your selves, and to admi∣nister it to all such as the Canon appoints. Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne.

To the most Reverend Father in God, our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury, Primate and Metropolitane of all Eng∣land: To the right Reverend Fathers in God, our right trusty and well-beloved the Lords Bishops; and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation.

3 ly. by the Kings letters Patents for Confirmation of those Canons after they were made & presented to be confirmed by him: In the first canon whereof they thus truly resolve. That a supream Power is given to this most excellent Order (of Kings) by God himself in the Scriptures, which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever, whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers.

Page  29 The care of Gods Church is so committed to Kings in the Scripture, that they

are commended when the Church keeps the right way, and taxed when it runs amisse, and therefore her government* belongs in chief unto Kings: For other∣wise one man would be commended for anothers care, and taxed but for anothers negligence, which is not Gods way.

The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories:

And when in the first times of Christs Church, Prelates used this power, 'twas there∣fore onely because in those dayes they had no Christian Kings: And it was then so onely used as in times of persecution, that is, with supposition (is case it were required) of submitting their very lives unto the very laws and commands even of those pagan Princes, that they might not so muchas seem, to disturb their civil Government, which Christ came to confirm, but by no meanes to undermine.

CHARLES, by the Grace of GOD, &c. Now for asmuch as the said Lord Arch-bishop of Canterbury, President of the said Convocation for the province of Canterbury, and the said Arch-bishop of Yorke, President of the said Convoca∣tion for the Province of Yorke, and others the said Bishops, Deans, Arch-deacons, Chapters and Colleges, with the rest of the Clergie, having met together respectively, at the time and places before mentioned respectively, and then and there, by vertue of Our said authority granted unto them, treated of, concluded, and agreed upon cer∣taine Canons, Orders, Ordinances, and Constitutions, to the end and purpose by Vs, limited and prescribed unto them, & have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same, according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th. yeer of the Reign of King Henry the eighth, and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall, to ratifie by Our Letters Patents under Our great Seal of England, and to confirm the same, The Title and Tenour of them being word for word as ensueth.

Wee of Our Princely inclination and Royall care for the maintenance of the pre∣sent Estate and government of the Church of England by the Lawes of this Our Realme now setled and established, having diligently, with great contentment and comfort read and considered of all these their said Canons, Orders, Ordinances and Constitutions agreed upon, as is before expressed: And finding the same such as Wee are perswaded will be very profitable, not only to Our Clergy, but to the whole Church of this Our Kingdome, and to all the true Members of it (if they be well observed;) Have therefore for Vs. Our Heires, and lawfull Successours, of Our especiall grace, certaine knowledge, and meere motion, given, and by thse presents doe give Our Roy∣all Assent, according to the forme of the said Statute or Act of Parliament aforesaid, to all and every of the said Canons, Orders, Ordinances and constitutions, and to all and every thing in them contained, as they are before written. And furthermore, We do not onely by our said Prerogative Royall, and supreme Authority in Causes Ecclesiasticall, ratifie, confirme, and establish, by these Our Letters Patents, the said Canons, Ordinances, and Constitutions, and all and every thing in them contained, as is aforesaid, but do likewise propound, publish, and straightly injoyne and command by Our said Authority, and by these Our Letters Patents, the same to be diligently ob∣served, executed, and equally kept by all Our loving Subjects of this Our Kingdome, Page  30 both within the Provinces of Canterbury and Yorke, in all points wherein they do or may concerne every or any of them, according to this Our will and pleasure hereby signified and expressed: And that likewise for the better observation of them, every Minister, by what name or title soever he be called, shall in the Parish Church or Chappell where he hath charge, read all the said Canons, Orders, Ordinances and Constitutions, at all such times, and in such manner as is prescribed in the said Ca∣nons, or any of them: The Booke of the said Canons to be provided at the charge of the Parish, betwixt this and the Feast of S. Michael the Arch-angell next ensuing, straightly charging and commanding all Archbishops, Bishops, and all other that ex∣ercise any Ecclesiasticall jurisdiction within this Realme, every man in his place to see and procure (so much as in them lyeth) all and every of the same Canons, Or∣ders, Ordinances and Constitutions to be in all points duly observed, not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same; as they tender the honour of God, the peace of the Church, the tranquillity of the Kingdome, and their duties and service to Vs their King and Soveraigne. In witnesse whereof We have caused these Our Letters to be made Patents: Witnesse Our Selfe at Westminster, the thirtieth day of Iune, in the sixteenth yeare of Our Reigne.

By all these Patents, with others of like nature, directed to all our Convo∣cations, by our Kings in former and latter times, by*Our present Parliaments manner of calling, limiting, directing, our present Assembly of Divines in all par∣ticulars of their proceedings and debates, appointing some eminent Members of both Houses to sit and consult together with them, and to certifie all their results and determinations to them, to be considered, rectified, rejected, or approved, by both Houses, as they in their wisdomes shall see cause: and by the fore-cited pre∣mises it is most apparent, that the Arch-bishops, Bishops, Clergy, and Convo∣cation of England, assembled Synodically together (much lesse then any par∣ticular Independent Minister or Congregation) notwithstanding all their late printed vaunts, of their Ecclesiasticall soveraigne Iurisdiction by divine right, and power to prescribe and enjoyne Visitation-Oaths, Articles, new Rites and Ceremonies of their owne Inventions, both unto Ministers and people, (which they seconded with their practice to the insufferable grievance and oppression of the people) are so farre from having any lawfull right▪ power, and authority, to make, prescribe, any Ecclesiasticall Injunctions, Canons, Lawes, Rites, Ce∣remonies, or forme of Government to any of his Majesties Subjects, that though they be lawfully assembled together in a Provinciall or Nationall Sy∣nod by the Kings owne Writ, or Parliaments command, yet they cannot le∣gally or of right*so much as treat, debate, consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament; and then only of such generals or particulars as they shall prescribe them; much lesse compile, enact, promulge, impose, or execute any Ecclesiasticall Canons, Lawes, Injunctions, Ordi∣nances, Oaths, without their speciall approbation and ratification of them by their spe∣ciall Letters Patents under the great Seale, and by Act of Parliament too, as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons. The like I have proved of the Bishops, Clergie, Councels, in other Christian Empires and Kingdomes.

Page  31 Where then is that immense Episcopall jurisdiction, authority, prehemi∣nence, superiority, power, in point of dominion, over and beyond that of or∣dinary Ministers, which our Lordly Prelats lately so much boasted of and plea∣ded for, as due unto them by no lesse then divine institution, (if we may be∣leeve 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 generall or Nationall Synod, (though steepled with the Popes owne Chaire and three-forked Miter) cannot so much as treat of, debate, dispute, determine any Church-affaires, much lesse constitute or promulge any new Ecclesiasticall Lawes, Canons, Articles, Ceremonies, Rites, &c. without the previous li∣cence and permission of those temporall Princes and Powers that summon them; nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever, more then the poorest Vicar and Curate breathing, that is a Minister lawfully ordained, without the Kings Letters Patents or Commission authorizing them, (which erected their* Bishopricks, Diocesse, and Episcopall jurisdicti∣on at the first, and must still support them, else they will fall to utter ruine) and then all their pretended claimes and crackt title of jus divinum; with all Independents, Anabaptists, Brownists, Anti-monarchicall, Anti-parliamentall fancies, concerning the jurisdiction and authority of their Independent Con∣gregations, opposite to the premises; will vanish into ayre.

If any deeme the premised power of Christian Princes and Civill Magi∣strates, in limiting Synods and Councels thus, to be derogatorie to the law∣full authority of Bishops, Ministers, Synods, or Independent Churches: Ian∣swer, that it is not so, forthese ensuing reasons.

First, because thea chiefe care of preserving the purity of Gods Worship, Or∣dinances, Religion, the Churches peace, prosperity, and of suppressing all heresies, errours, schismes, corruptions, superstitions contrary thereunto, is committed to Christian Princes and supreme temporall Magistrates, both by the Lawes of God, the constant acknowledgment, use, practice, constitutions, lawes, canons, of all Christian Empires, Kingdomes, Councels, Synods, in all ages; and theb Coro∣nation-Oaths of all Emperours, Kings, Princes, in the Christian World, which oblige them to discharge this trust, as the subsequent Sections will abundantly manifest. Therefore the power of directing Synods, Councels, in debating mat∣ters of controversie, making Lawes, Canons, &c. concerning all or any of the premises, and the confirming of them ought principally to belong to them.

Secondly, because Christian Emperours, Kings, Princes, are thec supreme heads and Governours under Christ, in and over all Ecclesiasticall persons, Assem∣blies, Synods, Councels, Churches, within their owne Dominions, as well as tem∣porall (and our Kings of England are declared to be such byd severall Acts of Parliament, by thee Oaths of supremacy and Allegeance, which all ought to take) within their respective Dominions: Therefore they ought of right to di∣rect and order all manner of proceedings, in such Ecclesiasticall Assemblies, Sy∣nods; it being the duty and just right of every Naturall and Politicke head to di∣rect the members;f as of the head of the family, to regulate and direct the Page  32 family, wife, &c. by way of authority or jurisdiction, not they the head.

Thirdly, because the Bishops and Clergy of our owne and other Realmes, have no Legislative power, or other Ecclesiasticall authority vested in them by the Word of God, but onelygto preach the Word, administer the Sacraments, and to binde or loose mens sinnes declaratively, by preaching or applying the Gospel to them, according as they finde them penitent or obstinate in their sinfull courses; and no more of other Ecclesiasticall jurisdiction, then what is derived to them by our Kings, and the Lawes of this our Realme; as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops, Bishops, Arch-deacons, and other Ecclesiasticall persons of this Realme, have no manner of Iurisdiction Ecclesiasticall, but by, under, and from the Kings royall Majestie, the onely and undoubtea supreme head of the Church of England and Ireland, to whom by holy Scripture all authority and power is wholly given to heare and determine all man∣ner of causes Ecclesiasticall, and to correct all vice and sinne whatsoever; and to such persons as his Majestie shall appoint thereunto. And by the Statute of 1. Ed. 6. c. 2. in these words, That all jurisdiction spirituall is derived and deducted from the Kings Majestie (to all Bishops and Ecclesiasticall persons within Eng∣land and Ireland) as supreme head of these Churches and Realmes of England and Ireland, and so instly acknowledged by the Clergie of the said Realmes, and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme, but by the authority of his most Excellent Majesty: whereupon it enacts, That all their Processe shall issue out under the Kings Seale, and in his Name and Stile, as in Writs originall and judi∣ciall at the common Law: with which sundry otherh Acts of Parliament con∣curre. Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels, Synods, and Convocations, no other but such a limi∣ted power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. & 27. H. 8. c. 15. and mentioned in the premises.) Therefore they neither can challenge nor pretend to claime any other but such a limited and confined au∣thority; the rather, because they are assembled to such meetings (as our As∣sembly is now) onely as advisers and assistants, not as Judges or Law-givers: Therefore the keeping of them to the fore-mentioned limits, can neither be an infringement or eclipsing of their just priviledges, or Christian liberty.

Fourthly, because every particular Christian is toitry the spirits doctrines, and determinations of Ministers, by the Scriptures, whether they are of God or not; and to beware, yea judge of false Teachers, doctrines, and no wayes to receive them, as theiMarginall Texts abundantly evidence, and all Orthodox Divines as∣sert. Much more then are Christian Princes, (the chief Defenders of the Chri∣stian faith) to judge and determine of them; therefore to give particular dire∣ctions to, and in all Synods, Councels how to proceed, and what to treat of, for suppressing false Teachers, Heresies, Schisms, Errours advancing Religion, Truth, unity, and sincerity of Gods Worship, within their territories and Churches.

Fifthly, because every soule (as wellkBishops, Ministers, and all other Ec∣clesiasticall persons, as temporall subjects) is and ought to be subject to Christian Princes, and the highest temporall powers, who are to provide for their spirituall as well as their temporall welfare:l Therefore they ought to be regulated and directed by them, when assembled by their Writs in Councels or Synods for their spirituall good.

Page  33

SECT. 3.

Of Confirming, Ratifying the Canons, Decrees, and Resolutions of Coun∣cells, Synods, by Christian Princes, Peers, Parliaments, before they become valid or obligatory: Of the Presence and Power of Christian Princes, Nobles, and other Lay-men, in Councells. That many, or most Councells, Synods, in ancient and latter times (especially in England) were in truth meere Parliaments; wherein Christian Princes, Nobles, Senators, and Lay-men met and voted, as well as Bishops, and other Ecclesiasticall persons. And that no Canons, Lawes, Articles, concerning Gods Worship, Religion, Church-Government, Ceremonies, were ever lawfully prescribed, or imposed on any Subjects of our Realme, but by Parliament only.

THirdly, As Bishops and Clergy-men have no power at all to summon Coun∣cells, Synods, or Convocations, nor yet to treat, or conclude of any Ecclesi∣asticall Canons, or Constitutions in them, &c. without the speciall licences of Kings, under their Great Seals authorizing them; so I shall next manifest, that when Councells, or Synods have, by vertue of their license, agreed on, and compo∣sed any such Articles, Canons, Constitutions, Orders, Ceremonies, &c. they can∣not print, publish, promulge, impose, execute, or put them in ure, nor are they*of any binding force or authority, till they are approved, ratified, confirmed by Kings, and Christian Princes Subscriptions, Imperiall Edicts, Patents, Acts of State and Parliament; and that most ancient Councells, Synods, were but Parlia∣ments: 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.c When all the whole Congregation of Israel, assembled by the summons of Joshua, had in their Convocation at Shechem made a Covenant, Ordinance, and Statute, that they would serve the Lord, and obey his voyce, Joshua being then their chiefe Governour, confirmed the same, by writing it in the Book of the Law of God, and erecting a great stone in the place, for a witnesse thereof. When thed Princes, and all the Congregation in Jerusalem, as∣sembled by King Hezechiah, had took counsell together, and concluded to keep the Passeover in the second Moneth, because they could not doe it on the first, the King established their Decree, by his Proclamation and Letters. When the Jewes, upon eMordecai his Letter to them, had in a publike Convocation ordained, and took upon them and their seed, to keep the feast of Purim throughout every generation, family, province, and city, in remembrance of their great deliverance from Ha∣mans conspiracy against them, Queene Esther and Mordecai wrote with all autho∣rity, and confirmed this Feast and Decree, by their Letters, & the Decree of Esther. Yea, we read, that when thef Presidents, Governours, Princes, Counsellours, and Captains of King Darius, to entrap Daniel, moved him to establish a royall Statute, Page  34 and make a firme Decree, that whosoever should aske a petition of any god or man for thirty dayes, save of the King, hee should bee cast into the Lyons denne: they brought this Decree to Darius to establish and signe, that it should not bee changed, requesting him to signe it, who did it accordingly; else it had not been obligatory. And wee likewise find ing Scripture, that when as the King of Nineveh and his great men, upon Jonah his preaching, had made a Decree for a publike Fast, the King confirmed, and published it to bee observed, by his Proclamation.

To come to Councells, under Christian Princes, and Emperours. The first fa∣mous Synod of Nice, with the Constitutions, Canons, and Decrees therein com∣piled, wereh confirmed by the Imperiall Edicts of Constantine the Great, who sate President in it. Edictum quod quidem pondus habebat & autoritatem, cum hac Epistola Imperator in singulas misit Civitates; writesi Eusebius: Who re∣cords further of him,kThat hee confirmed, and consigned, by his authority, the Ca∣nons made by Bishops in publike Councells, that so it might not bee lawfull for the Princes of other Nations to abrogate the things which were decreed by them: Which had been invalid, without his Imperiall confirmation.*The Councell kept at Rome, under Pope Sylvester, was confirmed by the subscription of Constantine, and Hele∣na his mother. The second generall Councell of Constantinople, after they had fi∣nished their Decrees and Canons, sent them with this Epistle to Theodosius the El∣der, desiring him to ratifie them;l In the beginning, verily, of our writing to your Piety, wee give thanks to God, who hath constituted the government of your Majesty, for the common peace of the Churches, and the CONFIRMATION of the true Faith: But giving God due thanks, wee likewise referre to your Ma∣jesty those necessary things which are acted in the sacred Councell; to wit, that from the time wee assembled at Constantinople, by your Majesties command, wee have first of all renued our mutuall concord between us; and after this, we have prescri∣bed, and pronounced, as it were, certaine Conclusions or Canons, in which we have confirmed, and approved the faith of the Fathers assembled at Nice, and have re∣jected, with extreme execration and detestation, the preverse heresies, and wicked opinions which have sprung up against it. Moreover also, for the right setling and ordering of the state and discipline of the Churches, wee have enacted, and prescri∣bed certaine Canons, all which wee have annexed to this our Writing. Wee there∣fore beseech your Clemency, (ƲT PER LITERAS TƲAE PIET ATIS RATƲM ESSE IƲBEAS CONFIRMES QƲE CONCILII DE∣CRETƲM,) that by your Majesties Letters you would command the Decree of the Councell to bee ratified, and confirme the same; and, as you have honoured the Church with those Letters, by which you have called us together, so you would likewise CORROBORATE WITH YOƲR DECREE AND SEALE, THE SƲMME AND CONCLƲSION OF THOSE THINGS WHICH ARE DECREED. And hereupon (writesm Nicephorus) CON∣STITƲTIONE QƲO QƲE IMPERATOR SANXIT, the Emperour enacted by his Constitution, that the authority of the Nicene Creed should bee firme and perpetuall; and that all Churches in all places should bee committed to those who professed one Divinity of the Father, Son, and holy Ghost, in the sub∣sistence of three Persons, of the same honour and glory: And likewise made a Law, that those who abhered from the profession of this faith, should not keep any Ec∣clesiasticall Page  35 assemblies, nor should not presume thenceforth to preach concerning the Faith, nor have power to elect or consecrate any one: that they should bee banished out of the City and Country, fined, and have no communion with other Citizens, &c. Which Edicts of his are Registred verbatim byn Justinian. The Synodoof Ancyra sent Legates to Constantius, informing him, that Eudoxius did study to deprave the Faith, requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice, Syrnium, and in other Synods. So the Catholike Bishops in the Councell of Ariminum,p write to the same Constantius, beseech∣ing him to heare their Orators, who should declare unto him the Sentence of that their Councell in writing, and not to permit any innovation or change, but to suffer them to rest in those things which were lawfully defined, and decreed by their Ance∣stors; and that nothing might be added to, or detracted from their Constitutions; but that they all might remaine untouched and intire, as they were preserved by the piety of his Father, till that time.qThe Councell of Africk, Can. 25. to 32, 34, 42, 51, 59, 60. and the Bishops therein assembled, make divers petitions and re∣quests to the Emperor Honorius, and the temporall Judges and Magistrates, to re∣forme Idolatry, suppresse the Donatists, and reform many abuses, by them complai∣ned of, by their Lawes and Edicts, and to ratifie their Canons against them, sending their Legates to the Emperor for that purpose.rThe Bishops in the third gene∣rall Councell of Ephesus, write to Gallimar King of Persia, supplicating, and be∣seeching his Majesty, to ayd Religion, which was impugned, and speedily to correct their madnesse and tyranny that inclined to heresie: Yea, theys beseeched Theo∣dosius the Emperor, that by his godly Letters hee would ratifie and confirme the Decree of the Councell: and Theodosius, of blessed memory, CONFIRMED ALL THINGS BY A GENERALL LAW, that were determined in that generall Councell; saith thetfirst Action of the Councell of Chalcedon. Mar∣tianus the Emperor, in the fourth generall Councell of Chalcedon, speaks thus,u Wee, after the example of Constantine, have thought good to bee present in this Synod, TO CONFIRME THE FAITH, not to shew our power. Yea, this Emperor, in the close of that Councell, saith,x SACRO NOSTRAE SE∣RENITATIS EDICTO VENERANDAM Synodum CONFIRMA∣MƲS, By the holy Edict of our Majesty Wee confirme that Reverend Synod: Which hee ratified with this Edict,y Let no Clergy-man, Souldier, or any of any other condition, endeavour to treat of the Christian faith henceforth publikely, in assemblies met together, and hearing them, seeking from hence an occasion of tumult or perfidiousnesse; For hee doth injury to the judgement of the most reverend Sy∣nod, if any shall strive to debate againe 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 Pre∣cepts, and decreed according to the Apostolicall Expositions and Institutions of 318. holy Fathers, and of 150. more in this Royall City: For punishment shall not bee wanting to the contemners of this holy Law; because they not onely goe against the Faith, truly expounded, but also prophane the holy mysteries to Jewes and Pagans, by this contention. Therefore, if hee be a Clerke, who shall publikely adventure to treat of Religion, let him be removed from the fellowship of Clergy-men: but if a Page  36 Souldier, let him be spoyled of his Girdle: likewise others who are guilty of this crime, if they be Free-men, let them be banished out of this Royall 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, Va∣lentinian, and Theodosius, by this Imperiall Edict, confirmed the Decrees of the first generall Councell of Nice, long after they were made, as Constantine the great had done at their enacting.z Ʋnius & Summi Dei Nomen ubique celebretur Niceneae Fidei dudum à majoribus traditae, & divinae Religionis testimonio atque affertione firmatae OBSERVANTIA SEMPER MANSƲRA TENE∣AT, &c. Yea, Pope Leo himselfe, inasundry Epistles, exhorts Theodosius, Leo, Martianus, the Emperors, and Pulcheria the Emperesse, to defend the Catholike Faith, concluded and defined in the Councells of Nice, Ephesus, and Chalcedon, a∣gainst the Heretiques that opposed them: to ratifie and maintaine the Decrees of these Councells, by their Imperiall authority, to represse the Heretiques, and dis∣anull the Constitutions of the 2. Councell 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 cleare Evidence that the Canons and Determinations of generall Councells are no wayes obligatory, and altogether invalid, unlesse ratified by Imperiall Edicts. In thebCouncell of Chalcedon, Action 1. when some would have added an Explanation to the Canon of the Councell of Nice, the Egyp∣tians, Orientalls, and the Bishops that consented with them, cryed out, Nemo susce∣pit adjectionem, nemo diminutionem: Quae in Nicca constituta sunt, teneant, Ca∣tholicus IMPERATOR HOC JƲSSIT. After this, upon another occasion, the whole Synod saith, Quod Impertalis praecepit autoritas, omnibus modis obser∣vandum 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 clemen∣tiae: Et si jusserit criminali causa alterum pro altero decertare, & hoc suscipimus, praecipuè quia universalem praecepit fieri Synodum. Et necesse est majores causas in eum reservare Concilium. Thecfirst generall Councell of Constantinople, with the Decrees and proceedings thereof, were ratified by the Imperiall Edicts of Justinian the Emperor, who summoned it, yea, swayed, and directed it what to doe, and how to proceed; causing Pope Vigilius to give an account of his Faith therein, and ratifying the Faith, and Canons of the foure first generall Councells. In the third Councell ofd Toledo, King Reccaredus, who summoned it, sate President therein, making two Orations to the Bishops assembled in it, exhibiting to them a Confession of the Christian Faith, subscribed by himselfe and his Queene Badda, with their owne hands, in these words, Ego Reccaredus Rex, fidem hanc sanctam & veram Confessionem, quam unà per totum orbem Catholica confitetur Ecclesia, corde retinens, ore affirmans, mea dextra, Deo protegente, subscripsi. Ego Badda gloriosa Regina, hanc fidem quam credidi & suscepi, manu mea de toto corde sub∣scripsi. This Confession of the Faith, to which was annexed the Creeds of the Coun∣cells of Nice, Constantinople, and Chalcedon, the King commanded to be publikely read in the Councell, to the end that it might be examined, and confirmed therein; which was done accordingly, all the Bishops in that Councell subscribing it; and Page  37 not onely they, but likewise the Presbyters and Deacons; yea all the Nobles, Se∣nators, and Elders of the whole Gothish Nation; among whom were Gussinus, Fonsa, Afrila, Achila, Flavius, with other Noble-men, ET OMNES SENI∣ORES GOTHORƲM, ET TOTIƲS GENTIS GOTHICAE (who were present and had voyces in that Councell) subscripserunt. After which Sub∣scription of this Profession of the Faith, the King made another Oration to the Councell, commanding them to make certaine 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 eve∣ry Lords day, hath this clause in it, CONSƲLTƲ piissimi & gloriosissimi Rec∣cardi 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 Concili∣um: The fourteenth this, Suggerente Concilio, id gloriosissimus Dominus noster Canonibus inserendum praecipit: The sixteenth this, Hoc cum consensu gloriosissi∣mi Principis sancta Synodus ordinavit: The eighteenth this, Ex Decreto Recca∣redi Regis, simul cum Sacerdotali Concilio: All badges, that those Canons were made by the Kings Direction, Counsell, Decree, and Command: Who ratified them all with this publike Edict,b Gloriosissimus Dominus Reccaredus Rex u∣niversis 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 ju∣beremus. Praecedente autem diligenti & cauta deliberatione, sive quae ad fidem conveniunt, 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 Con∣cilio, 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 followes a Recapitulation of all the 23. Canons, and after them this clause, Has omnes Con∣stitutiones 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, Di∣aconus aut Clericus fuerit,* ab omni Concilio excommunicationi subjaceat: si verò Laicus fuerit,* & honestioris loci persona est, medietatem facultatum suarum amit∣tat, fisci juribus profuturam: si verò minoris loci persona est, amissione rerum su∣arum mulctatus, in exilium deputetur. Flavius Reccardus Rex hanc delibera∣tionem, quam cum sancta definimus Synodo, CONFIRMANS SƲBSCRIP∣SI: Then followes the Subscription of the Bishops and others: A pregnant testimony, that Bishops in Councells have no power at all to debate and determine any matters of Faith, or make any Ecclesiasticall Constitutions, but by the Princes License; that all their Constitutions, Canons, and Determinations, without his Page  38 Confirmation are invalid, and not binding: That Lay-men have definitive voyces in Councells, and have confirmed them with their Subscriptions; and that Coun∣cells in ancient times were no other but Parliaments; wherein the King, the Cler∣gy, Nobles, and Elders of the people (not the Clergy onely) assembled, to make Lawes and Constitutions, and conclude of matters of Faith: Of which more anon, in its due place. ThecDecrees and Canons of the first Councell of Matiiscon were ratified by the Royall Edict of King Guntramnus, who summoned it; which begins and concludes in this manner, Guntramnus Rex Francorum omnibus Pon∣tificibus, ac universis Sacerdotibus, & cunctis judicibus in regione nostra constitu∣tis, &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 Re∣gis, data sub die 4. Idus Novemb. 24. Regni supra scripti Regis. Thedfourth Councell of Toledo, after it had decreed Church affaires in 73. Canons, by King Sisenandus his command, who summoned his Bishops to Toledo, Aera. 681. ƲT EJƲS IMPERIIS AT QƲEjƲSSIS communis ab ipsis agitaretur de qui∣busdam Ecclesiae disciplinis tractatus; and entred into the Synod, cum magnifi∣centissimis & nobilissimis viris, exhorting the Synod to pray for him, and to be mindfull of his Fathers Decrees, and to doe their diligence to confirme to him the Ecclesiasticall Lawes, and to correct those things, which, whiles they have come into use through negligence, have by usurpation procured a license to themselves against Ecclesiasticall manners: Which Synod rejoycing at these his admonitions, according to his and their owne desire, having made so many Canons concerning Religion and Church Discipline, close up their Constitutions with a Canon of State, concer∣ning the Oath of allegiance of Subjects to their Prince, and their loyalty towards them in the carriage; establishing the Title of Sisenandus, as lawfull, against all o∣thers claimes. Now all those Canons, as they were made by the License and Di∣rection of this King,e (cujus tanta devotio erga Deum extat, ut non solum in rebus humanis, sed etiam in causis divinis solicitus maneat, say this Councell, to his honour;) so they were likewise ratified by him, as appears by this close at the end of the Canons,f Definitis itaque his quae superius comprehensa sunt, AN∣NƲENTE RELIGIOSISSIMO PRINCIPE (cujus devotio nos ad hoc decretum salutiserum convocavit) placuit deinde, nulla re impediente, a quoli∣bet nostrum ea, quae constituta sunt, temerari, sed cuncta salubri consilio conser∣vari: Thegfourth Canon of this Councell shewes, that Judges and Lay-men may and ought to be present in Councells. In the*fifth Councell of Toledo, King Chintillanus, who summoned it, entred into the midst of the Synod, with the No∣bles and Elders of his Palace, atque hanc institutionem, quam EX PRAECEP∣TO EJƲS, & decreto nostro sancimus, divina inspiratione PRAEMISIT; scilicet, ut in cncto regno à Deo sibi concesso, specialis & propria haec religiosa omni tempore teneatur observantia, &c. saith the Prologue and first Canon of the Councell: So that hee both prescribed and ratified the Canons of this Councell; the 4, 5, 6, 7, and 8. Canons whereof concerne the State, the King, his Crowne, Title, and Succession. The Canons of thehsixth Councell of Toledo, were rati∣fied 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, Page  39 which determine of State affaires, touching the King and Crowne, and confirme the Canons formerly made and ratified by the Kings consent, Cui omnium guber∣natio superno constat delegata judicio; but most apparently by the third Canon, Inspiramine summi Dei Excellentissimus & Christianissimus Princeps ardore fi∣dei 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 agi∣mus, &c. Quocirca consonam CƲM EO corde & ore promulgamus Deo pla∣cituram sententiam, SIMƲL ETIAM CƲM SƲORƲM OPTIMA∣TƲM ILLƲSTRIƲMQƲE VIRORƲM CONSENSƲ ET DELI∣BERATIONE SANCIMƲS: (A cleare evidence that the Nobility and Gentry were present, and had voyces in that Councell, which was in nature of a Parliament, as the State Canons of it manifest.) Ʋt quisquis succedentium tempo∣rum regni sortitus fuerit apicem, non ante conscendat regiam sedem, quàm inter reliqua conditionum sacramenta pollicitus fuerit, hanc se Catholicam non permis∣surum eos violare fidem, &c. In theieighth Councell of Toledo; King Reces∣suinthus, who called it, entred into the Synod in person, and made an elegant, pious Oration to the Prelates, and Nobles assembled in it; after which hee exhi∣bited a Roll of those things and Canons which hee desired to be publikely ratified in that Councell, written in his Royall name, comprising therein the confession of his faith, and ratifying the Faith and Constitutions of the foure first generall Coun∣cells; which hee thus subscribed, In nomine Domini, Flavius Recessuinthus Rex, hanc fidei & bonae voluntatis meae deliberationem manu mea subscripsi. The twelfth Canon of this Councell concernes State businesses: and all those Canons were pub∣lished, and ratified in the Kings name, as these words at the end of the twelfth Ca∣non evidence, Hujus quoque sententiae fortitudine vel vigore decreti nostri seriem, quam in serenissimi Domini nostri Recessuinthi Regis EDIDIMƲS NOMI∣NE, pro rebus à divae memoriae Patre suo quolibet titulo conquisitis, decernimus omnino constare, &c. Yea, diverskEarles and Nobles subscribed their names, in ratification of the Canons of this Councell, as well as Bishops, as Odoacer, Osilo, Adulphus, Babilo, Ataculphus, Ellae, Paulus, Euuntius, Rucchila, Afrila, Vene∣dmus, Faudila, Euredus, Cunsredus, Froila, with other Earles. This Councell published a Decree in the Kings name, concerning the right of the Crowne, and State Government, (which manifests it to be a kind of Parliament, compacted as well of the Temporalty as the Clergy) and King Recessuinthus, himselfe, promul∣gated a Law therein, in ratification of that decree of theirs; both which are at large recorded byl Surius. Themninth and tenth Councells of Toledo were called and confirmed by the same Recessuinthus, for whom the Prelates in these Coun∣cells oft-times give thanks to God; doing all things by his direction, assent, and in his name, Opitulante miseratione divina, & gloriosissimi Recessuinthi Princi∣pis inhoerente voluntate religiosa. The eleventh Councell of Toledo was ratified by King Ʋvambanus,n Cujus hortatu aggregandi nobis facultas data est, & o∣portuna corrigendis praeparata est disciplina. Iste est ergo tenor fidei nostrae, qui & à capite copiosè profluxit, & à membris probatus gloriosè emicuit, saith the Pro∣logue of the Bishops assembled in that Councell, and the sixteenth Canon of it. Constantinus Pogonatus, as hee called theosixth generall Councell of Constan∣tinople, Page  40by his writs, so hee sate President therein, with divers of his Nobles, Prin∣ces, Senators; ordered, swayed, directed all things in it; ratifying the Acts and Decrees thereof both by his Subscription and Imperiall Lawes. Hence wee sopoften read in that Councell, these and the like passages, Praesidente eodem piissi∣mo & Christo amabili Imperatore Constantino. Piissimus Imperator Constanti∣nus dixit: sancta Synodus dixit. Quod & nunc à vestra serenitate piè jussum est, fiat: Constantinus piissimus Imperator, & sancta Synodus dixerunt. Constan∣tinus piissimus Imperator dixit; Sufficiunt & quae hodierna die relicta sunt; re∣liqua verò in sequenti secretario religantur. Meminit vestra pietas & haec san∣cta Synodus. Residentibus quoque gloriosissimis Patriciis & Consulibus, ex latere venerandissimi, piissimi & Christi amatoris Imperatoris nostri Constantini. Glo∣riosissimi 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.q Sub∣scriptio piissimi & Christo dilecti Constantini Imperatoris, legimus, & subscripsi∣mus. Constantinus piissimus Imperator dixit. Edicat sanctum & universale Con∣cilium, si cum consensu omnium Episcoporum promulgata est definitio, quae ad praesens relicta est. Sanctum Concilium exclamavit. Omnes ità credimus; Ʋna fides; Omnes idipsum sentimus; Omnes consentientes & amplectentes subscripsi∣mus: Orthodoxe omnia credimus. Multos annos Imperatori, &c. Sancta Syno∣dus exclamavit. Multos annos Imperatori; Christo dilecto Imperatori multos annos. Pium & Christianum Imperatorem Domine conserva. ORTHODOXAM FIDEM TƲ CONFIRMASTI. Aeterna memoria Imperatori, aeternum permaneat vestrum Imperium. At therend of the 18th. Action of this Coun∣cell follow two Imperiall Edicts of Constantine Pogonatus, ratifying the Actions and Determinations thereof, under severe penalties: in the later of which he saith thus of his owne Subscription and Ratification of that Synod, In qua & Imperi∣um nostrum subscripsit, & per pia dicta nostra COMPROBAVIT EAM. Pope Leo the second, inshis Epistle to this pious Emperor, highly approved and applauded this his piety, zeale, and princely care for advancing Religion, suppres∣sing heresies and schismes, and for his Acts and proceedings in this generall Coun∣cell, testifying his assent thereto, as to a generall Councell, worthy to bee ranked with those other famous generall Councells held before it; exhorting the whole Church of God securely to rejoyce, that God had raised her up such a Defender and Benefactor, cujus studio orthodoxa fides recollecto splendore toto orbe irradiat, fi∣deles omnes gratiam referentes exultant, infideles moeror atque dejectio compri∣mit & confundit, Ecclesiae Christi de cunctis oppressionibus liberatae respirant, donis Imperialibus confoventur, principali praesidio muniuntur: So farre were Popes in those dayes from carping at Emperors proceedings in matters of Religi∣on, and their Presidentship and presence in generall Councells. Neither did this Constantine onely, but likewise Justinian the second, his sonne, and Successor in the Empire, confirme the Decrees and Canons of this generall Synod, viz. those Canons in Trullus, with his Imperiall Edict; causing all his Nobles, Senate, Bi∣shops, Captaines, Souldiers, and others, to subscribe it, as himselfe records in his Letter to Pope John;t In nomine Domini Dei & Salvatoris nostri Jesu Christi, Imperator Caesar Flavius Justinianus, fidelis in Jesu Christo, pacificus, pius, per∣petum Page  41 petuus Augustus, &c. Magnum studium, magnam sollicitudinem nos habentes pro stabilitate immaculatae Christianorum fidei, &c. Quia Synodalia gesta, eo∣rumque definitionem, quam & instituere noscitur sanctum sextum Concilium, quod congregatum est in tempore sancta memoriae nostri Patris, in hanc à Deo con∣servandam regiam urbem, apud quosdam nostros Judices remiserunt. Neque om∣nino praevidimus alterum aliquem apud se detinere ea, sine nostra piissima Sereni∣tate; eo quod Nos copiosos misericordia noster Deus custodes constituit immacula∣tae Christianorum fidei: sed mox adduximus nostros Patres sanctissimos ac beatis∣simos Patriarchas, &* sacratissimum Senatum, verum etiam Deo amabiles Mo∣tropolitas & Episcopos, qui hîc in regia urbe commorantur; & dcinceps Mili∣tantes incolas sancti Palatii, necnon & ex Collegiis popularibus, & ab excubito∣ribus: insuper etiam quosdam de Christo dilectis exercitibus, tam ab à Deo con∣servando Imperiali obsequio, quamque ab Orientali Thraciano, similiter & ab Ar∣meniano, etiam ab exercitu Italiae, deinde ex Cabarisnianis, & Septensians, seu de Sardinia atque de Africano exercitu; qui ad nostram pietatem ingressi sunt, & jus∣simus praefatas Synodaelium gestorum chartas in medium adduci, & CORAM SƲPRADICTIS OMNIBƲS LECTIONEM EORƲM FIERI, OMNESQƲE DILIGENTER AƲDIENTES SIGNARE IPSAS FECIMƲS: quorum auditorum universitas in nostris manibus eas praebuit chartas, ut debeamus nos tenendo inviolatas conservare ipsas, ut non licentia fue∣rit 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 benè definitas in temporibus sanctae memoriae nostrae Patris, ex proba∣bilibus 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 illiba∣tas & incommutabiles semper conservabimus. These Canons, which were com∣piled by his command in that Synod after his Fathers decease, the Bishops sent unto him to peruse and ratifie, as appears by the last clause of their Oration to the Em∣peror, prefixed before them by way of a Preface;q Propterea ergo tuae pieta∣tis jussu in hac Dei observatrice & imperante urbe congressi, sacros Canones con∣scripsimus. Quamobrèm tuam Pietatem rogamus, eas quae prius in hac Dei ob∣servatrice Civitate à congregatis sub bonae memoriae 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 generall Synod was, That they could make no Ca∣nons but by the Emperors license and command, nor promulge any but such as hee should first approve and confirme. The 12. and 13. Councells of Toledo, as∣sembled by King Eringius, were in verity nought else but Parliaments: for first, the temporall Governours, Nobles, and Magistrates of all Spaine were present in them,r Praesto sunt religiosi provinciarum Rectores, & clarissimorum ordi∣num totius Hispaniae Duces, & illustres aulae regiae viri; quos interesse huic sancto Concilio delegit nostra Sublimitas; & clarissimi nostri Palatij Seniores, subli∣miumque virorum Nobilitas, saith the Kings Instructions in both Councells; and these had decisive voyces. Secondly,sthe King in those Councells made two Page  42 severall Speeches to them both, and gave to them severall writings, concerning such things as hee desired to have enacted; commanding both the Nobles, Sena∣tors, Captaines, Courtiers, and Councells, as well as the Prelates in those two Councells, to draw those Scrolls hee gave them into severall Heads, Lawes, and Canons; expunging every thing that was absurd, and correcting all things contra∣ry to justice, both in those Scrolls, and in his Lawes; prescribing them in gene∣rall Heads what Lawes to make, but referring the particular forming and penning of them to them. Thirdly, In those Councells hee desires them to rectifie and con∣firme the Lawes hee delivered them in Writing, (many of which are meerly of State affaires, and temporall matters, concerning the Kings title to the Crowne, and the like:) and when those Councells had made Lawes, Canons, and Consti∣tutions, according to his directions in writing, hee then confirmed them both by his Royall Subscription and Edicts, in this manner,t In nomine Domini, Havi∣us Eringius Rex: magna salus populi gentisque nostri ac regni conquiritur, si haec Synodalium decreta gestorum, sicut pie devotionis nostrae studio acta sunt, ita in∣convulsibilis legis nostrae valido oraculo confirmentur: ut quod sercuissimo Celsi∣tudinis 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 Councells, (made by the Kings direction and assent, as most of the Canons, and the two Scrolls delivered by him to these two Councells manifest,) with the Subscriptions of the Bishops and Nobles; and then the Kings Edict of confirmation, which re∣cites them, proceeds thus, Quibus omnibus Synodalibus gestis decretis atque peractis, & debitam reverentiam honoris impendimus, & patulum autoritatis no∣strae vigorem his innectare properamus. Ideo praemissas has constitutiones Synodi∣cas à praesenti die vel tempore, id est, ab octavo Calendas February, anno primo regni nostri, nullus audeat contemnere, nullus etiam praeterire, nemo earundem con∣stitutionum 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 tempori∣bus acta, & autoritatis debitae fastigio praepollebunt, & irrevocabili judiciorum ex∣ercitio, prout constituta sunt, celebria habebuntur. Si quis autem haec instituta contemnat, contemptorum se noverit damnari sententia; id est, ut juxta volun∣tatem nestrae gloriae & excommunicatus à coetu nostro resiliat,* & insuper par∣tem decimam facultatis suae sisci partibus sociandam, amittat. Quod si nihil ha∣buerit facultatis, unde praedictam compositionem exsolvere possit, absque alia in∣famia sui, quinquaginta oportebit eum ictibus verberari, ut semper infamis per∣maneat. Edita Lex in confirmatione Concilij Toletani sub die octavo Calendas Februarij, anno felicitèr primo regni gloriae nostrae. In nomine Domini Flavius Eringius Rex, hoc legis nostrae Edictum in CONFIRMATIONE HƲJƲS CONCILII PROMƲLGATƲM, SƲBSCRIPSI. The Passages and Ca∣nons of both these Councells, duly considered, will manifest, That the Councells of Spaine, and others in those dayes, were nought else but Parliaments; consisting as well of temporall Lords, Great men, Councellors, Magistrates, as of Bishops: That Princes then could not make Ecclesiasticall Canons and Constitutions to bind Page  43 their Subjects, but in Parliament: and that the Bishops alone could not then make any such Canons or Lawes but in Parliament, with the concurrent consent and di∣rection of the temporall Lords and Governours, the Kings license for that purpose first gained; nor yet promulge them, without the Kings Letters Patents first ob∣tained for their ratification. TheuCanons of the Synod of France under Char∣lemain, An. 742. were ratified by his Edict, and set forth by him, in his owne name, being compiled by him in Parliament, (as it seemes, his Nobles being pre∣sent) CONSILIO Sacerdotum ET OPTIMATƲM MEORƲM, with the counsell of his Priests and Nobles. The Constitutions and Canons of the Synod off Soyssons, made by Prince Pepin, Consensu & Concilio Episcoporum si∣ve Sacerdotum, & Comitum seu Optimatum Francorum, with the consent and counsell of the Bishops or Priests, and of the Nobles or Great men of France, were published by him in his owne name, with his Royall confirmation in wri∣ting, which concludes thus: Si quis contra hoc decretum, quod 23. Episcopi cum aliis Sacerdotibus vel servis Dei, unà cum consensu Principis Pepini, vel OP∣TIMATƲM FRANCORUM CONSILIO CONSTITƲERƲNT, trans∣gredi, vel legem irrumpere voluerit vel despexit, judicandus sit ab ipso Principe, vel Episcopis, vel Comitibus componat, secundum quod in lege scriptum est, unus∣quisque juxta ordinem suum. This Synod being no other but a Parliament, the tem∣porall Lords having, voyces in it as well as Bishops. The Councell held at the Pa∣lace of Vernis, under the same King Pepin, Cap. 6. decreed by his consent, That there should bee two Synods kept every yeare; the first of them in March, g Wheresoever the King should command, and in his presence: The King there∣fore was then President in their Synods, both to order them, and to controll, cor∣rect, or confirme their Canons, as hee thought meet. In the second Councell ofh Nice, assembled by the Edict of Constantine and Irene his Mother, Petronius the glorious Proconsul, Theophylact an Earle imployed in the Emperors service, John the Kings Chamberlaine, and Treasurer of his Army, with other magnificent and illustrious Senators, sate as chiefe Auditors and Directors: The Emperor and his Mother likewise directed the Councell both what to treat of, what to read, and how to proceed; and ratified the Decrees of that Idolatrous Councell; the Sy∣nod craving their Imperiall assistance for the defence of truth, the suppression of heresies, schismes, reformation of abuses, and setling the peace of the Church, by their publike Lawes and Edicts yea, they desire their Majesties, to incline their eares to their most humble supplications, Ipsasque sacratissimas Imagines in pristi∣no gradu constituere, ut omnes Christiani in universo mundo exultent, & magno laetantur gaudio; Pope Adrian himselfe making this request unto them, in his E∣pistles Supplicatory, acknowledging the right both of summoning, ordering, and confirming Councells, to bee in them, not in himselfe.i 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 Domi∣no nostro Carolo Rege, write the Fathers of that Synod to the Prelates of Spaine, to whom Charles in this Synod writ an Epistle, and a profession of his faith, ex∣horting them to reforme their Errors and embrace the Truth. The Canons of the Synod of Theodon werekratified by the Imperiall Edict of Charles the Great,Page  44 Ludovicus Pius ET IMPERATORES, ET PENE OMNES GAL∣LIAE PRINCIPES SƲBSCRIPSERƲNT, singuli singulas facientes cru∣ces: The Emperors and almost all the Princes of France subscribing the Decrees of that Synod, after all persons in it had three severall times consented to them, by crying out a Placet; and Te Deum being sung by the Clergy, after this sub∣scription, the Synod dissolved: which was no other but a Parliament; those Em∣perors and their Nobles being present, and having the chiefe voyces in it. The fourth Synod of Arles, under the same Charles, having drawn up 26. Canons, submits them to his Royall censure, to correct, disapprove, or ratifie them at his pleasure;o Haec igitur sub brevitate, quae emendatione digna perspeximus, quàm brevissimè adnotavimus, & Domino Imperatori praesentanda decrevimus; poscen∣tes ejus Clementiam, ut si quid hîc minus est, ejus prudentia suppleatur; si quid se∣cus quàm se ratio habeat, ejus judicio emendetur; si quid rationabilitèr taxatum est, ejus adjutorio, divina opitulante clementia, perficiatur: (A memorable Submissi∣on) All being nothing without his Royall confirmation. The Synod of Towers, sum∣moned by the same Emperor, was commanded by him, both what Constitutions to make, & what things to consult of; which they thus expresse, and submit to his cen∣sure, in the Prologue, and close of their Canons,p Quantum piissimi Imperato∣ris nostri excellens animus, divinae sapientiae fulgore sit irradiatus ad gubernan∣dum rerum praesentium statum, ipsius Imperij sibi à Deo dati, liquidò testantur negocia: quae tanta sunt industria administrata, quantaque prudentia ordinata, qui sapiens ac intelligens est facile perspicere potest; & eô praecipuè, quod hic toto ani∣mo invigilat, investigando quae ad pietatem & veram Religionem pertinent, quo∣rum fructus hominem in bono beatitudinis collocat. His igitur intentus pios ac re∣ligiosos Dei Sacerdotes, Ecclesiae gubernacula in regno sibi divina largitate colla∣to tenentes, saluberrimis exhortationibus admonuit, ut operam darent, & actioni∣bus eminerent, quibus & se bene operando, & sibi commissos, verbis & exemplis instruendo regerent. Dissinitum itaque de locis & tempore, quando & ubi coadu∣nari opus fuerit, & quod A TANTO PRINCIPE NOBIS IN∣IƲNCTƲM EST, ad statuta loca convenimus: siquidem urbe Turonis con∣gregati Episcopi, Abbates, & venerabilis Clerus, pro parvitate nostra, pauca quae ad tantum opus pertinere animadvertimus, & quae secundùm Canonicam regulam emendatione indigent, distinctè per capitula adnotavimus, SERENISSIMO IMPERATORI NOSTRO OSTENDENDA. Primò omnium, admonui∣mus generalitèr cunctos qui nostro conventui interfuêre, ut obedientes sunt Do∣mino excellentissimo Imperatori nostro, & fidem quam ei promissam habent, in∣violabilitèr conservare studeant, orationes quoque assiduas intentè fundere pro e∣jus incolumitate ac stabilitate, omnes se velle secundùm nostram admonitionem unanimitèr 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 AGENDƲM PLACEBIT, NOS FI∣DELES IJƲS FAMƲLI, LIBENTI ANIMO AD NƲTƲM ET VOLƲNT ATEM EIƲS PARATI SƲMƲS. The second Councell of Cavaillon, under the same Charles, thus preface their Canons, which they sub∣mit to his correction and approbation;q Auxiliante Domino nostro Jes•• Chri∣sto, atque imperante ferenissimo atque inclito Augusto Carolo, convenimus Epis∣copi Page  45 & Abbates totius Galliae Lugdunensis in urbem Cabilonensem, & de quibus∣dam rebus in quibus nobis emendatione necessaria videbatur, quaedam capitula quae subter inserta sunt EIDEM DOMINO IMPERATORI PRAESEN∣TANDA, ET AD EIƲS SACRATISSIMƲM IƲDICIƲM RE∣FERENDA adnotavimus; quates EIƲS PRƲDENTI EXAMINE EA, QƲAE RATIONABILITER DECREVIMƲS, CONFIRMEN∣TƲR: sicubi minùs aliquid egimus ILLIƲS SAPIENTIA SƲPPLEA∣TƲR. Then follow the Canons made in that Councell, by the Emperors direction and command, as is evident by the third Canon;r Oportet etiam, ƲT SI∣CƲT DOMINƲS IMPERATOR CAROLUS PRAECEPIT, scho∣las constituant, in quibus & literaria solertia disciplinae, & sacrae Scripturae documenta discantur. And then they thus conclude their Canons, Cap. 67.s Haec itaque pauca de pluribus, quae necessaria perspeximus, cum magna brevitate DO∣MINI IMPERATORIS PRƲDENTI IƲDICIO PRAESENTAN∣DA, ADNOT AVIMƲS. Caeterùm quid generalitèr in omnibus & ab om∣nibus sequendum sit, quidvè vitandum, qualitervè intra Ecclesiam sanctam sit vi∣vendum, qui plenius nosse desiderat, sanctarum Scripturarum prata percurrere non desistat. The Councell of Mentz under Charles the great, summoned by his command, was no other but a Parliament;tconsisting of Bishops and Clergy∣men, who ate together in one company; of Abbats and Priors, who sate together in a second Classe; of Earles and Judges, sitting together in a third Classe; Con∣venit nobis de nostro communi Collegio Clericorum seu LAICORƲM TRIES FACERE TƲRMAS, sicut & fecimus, &c. Intertia denique turma SEDE∣RƲNT COMITES ET IƲDICES IN MƲNDANIS LEGIBƲS DECERTANTES, vulgi justitias terminantes, &c. saith the Prologue of that Councell to the Emperor. The Ecclesiasticall Canons and Lawes concluded on therein, were made and approved by all three Companies; IN HIS ITA∣QƲE OMNIBƲS PRIMO DECREVIMƲS, &c. are the words of the same Prologue. And having finished the Canons, they thus submit them to the Em∣perors correction and approbation, with this Preface,u In nomine Patris & Fi∣lij & Spiritus Sancti: Gloriosissimo & Christianissimo Imperatori Carolo Augu∣sto, verae Religionis 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 primò decrevimus, &c. De his tamen omnibus VALDE INDIGEMƲS ADIƲTORIO VESTRO ATQƲE SANA DOCTRI∣NA, quae & nos jugiter admoneat, atque clementer erudiat, quatenus ea quae pau∣cis subter substrinximus capitulis,* A VESTRA AƲTORITATE FIR∣MENTƲR, SI TAMEN VESTRA PIETAS ITA DIGNƲM ES∣SE IƲDICAVERIT. ET QƲICQƲID IN EIS EMENDATIO∣NE DIGNƲM REPERITƲR, VESTRA MAGNIFICA IMPERI∣ALIS DIGNITAS IƲBEAT EMENDARI: ut ità emendata, nobis omnibus, & cunctae Christianae plebi & posteris nostris proficiunt ad vitam & sa∣lutem, & ad gloriam sempiternam, VOBIS QƲE inde merces, & honor & laus & benedictio, ac beatitudo permaneat in omnes aeternitates seculi. Amen. This Councell therefore knew full well, that they could neither make, nor promulge any Page  46 Canons or Constitutions, but by the Emperors license and consent; and that all they did without his confirmation was invalid, and nothing worth. The Councell of Rhemes, Anno 813.x (A Domino Carolo piissimo Caesare MORE PRIS∣CORVM IMPERATORVM CONGREGATO, saith Surius,) made se∣verall Canons and Constitutions, which they intreat the Emperor to ratifie; Wit∣nesse they 33, 41, 42, 43, 44. Canons, wherein wee have these passages, Domi∣ni Imperatoris misericordia imploranda, ut victum & necessaria à sibi praelatis consequi possunt sanctimoniales, & vita illarum & castitas, secundùm fragilita∣tem sexus, diligenter provisa tueatur. Vt Dominus Imperator secundùm statu∣tum bonae memoriae Domini Pepini, misericordiam faciat, nè solidi qui in lege ha∣bentur, per quadraginta denarios discurrant: ut in sua eleemosyna sirmiter sta∣tuat, nè quilibet in suum pergentibus servitium, ullatenùs prohibere audeat man∣sionem, neque aliis quibus necessitas incumbit: Vt ejus magnificum & cuncto im∣perio 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 ex∣ordium, qualiter omnes lites & jurgia in sua misericordia terminum habere potu∣issent. Vt de falsis testibus, ejus simili modo piissimum firmetur capitulum, quali∣ter & hoc quod ille Bonomae statuit, firmissimum habeatur: & adhuc quaerantur, quatenùs in sua piissima misericordia, SI QVA NECESSARIA SVNT AVGEANTVR. All which Canons, standing at the Emperors courtesie to ra∣tifie, prove undeniably, that without his approbation and confirmation they were meere nullities. Wherefore Aistulfus Archibishop of Mentz (asz Bochellus in∣forms mee) spake thus in that Synod, SI PRINCIPI PLACVERIT ALI∣ISQVE FIDELIBVS SVIS, ROGEMVS, VT CONCLAVDE∣TVR ET SVBSCRIBATVR; If it shall please the Prince and other his Nobles and Liege people, wee intreat that it may bee joyntly applauded and sub∣scribed: ET CONLAVDATVM EST, ET SVBSCRIPTVM EST, * TAM A PRINCIPE QƲAM 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 Peeres and Nobles, as well as of the Prelates, was requisite to confirme the Canons of Councells. The first Councell of Orleans, under King Clodoveus, thus prostitute their Canons to his censure and approbation;a Domino suo Catholicae Ecclesiae filio Clodoveo glo∣riosissimo Regi, omnes Sacerdotes quos ad Concilium venire jussistis; quiatanta ad Religionis 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 re∣spondimus, ità ut si ea, quae nos statuimus, ETIAM VESTRO RECTA ES∣SE IVDICIO COMPROBATVR, TANTI CONSENSVS REGIS AC DOMINI MAJORIS AVTORITATEM SERVANDAM (ma∣jori autoritate servandae, saith Surius) tantorum FIRMET SENTENTIA Sacerdotum. This Councell therefore deemed not their Canons firme and valid, unlesse ratified and confirmed by the Prince. The Councell of Paris, under Lewes 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 Page  47 devotissimi salutis vestrae procuratores, juxta parvitatem sensùs nostri, prout bre∣vitas temporis permisit,b SECVNDVM SANCTAM DEVOTIONEM ET ORDINATIONEM VESTRAM, de causis ad Religionem Christia∣nam, 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 praece∣dentibus adnotavimus libellis, VESTRAEQVE SERENITATI LEGEN∣DA, IMMO PROBANDA, OBTVLIMVS, &c. Et quanquam de his, quae praemissa sunt, vestro ardentissimo desiderio priùs satisfacere elegerimus, nequa∣quam 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 ve∣strum pertinentia, periculumque cavendum, solerti studio congessimus, & vobis familiariter admonitionis gratia, porrigenda devovimus; ut ea diligenter inspici∣endo, legendo & audiendo, apertè atque distinctè Vestra cognoscat Celsitudo, de qui∣bus & pro quibus in memoratis conventibus nostris, secundùm virium nostrarum possibilitatem fideliter salubriterque egerimus. Hence this Councell humbly be∣seecheth these Princes, to establish divers things and Canons they propound unto them, in these supplicative words;cl. 3. c. 8. to 27. Petimus humiliter Excellen∣tiam vestram. Illud etiam specialiter necessarium Vestra suggerere Pietati duxi∣mus. Similiter etiam obnixè ac suppliciter vestrae Celsitudini suggerimus. Simi∣liter & hoc à Vestra Pietate necessarium duximus expetendum. Illud quoque à vestra Pietate suppliciter flagitamus. Illud etiam obnixè Vestram sanctam piissi∣mamque Devotionem suppliciter monendo deposcimus. Iterùm suppliciter admonen∣do vestrae suggerimus Serenitati. Postulamus etiam, ut Celsitudo vestra. Iterum monendo, Magnitudini vestrae suppliciter suggerimus. Similiter deposcimus. Roga∣mus etiam vestram Pietatem. Et hoc humiliter observando admonemus.dAnd lib. 1. cap. 50. De observatione diei Dominicae. Quapropter specialiter atque hu∣militer à Sacerdotibus Imperialis Celsitudo flagitanda est, ut ejus à Deo ordinata potestas, ob honorem & reverentiam tanti dici, cunctis motum incutiat, nè in hac sancta & venerabile die mercatus, & placita, & ruralia quaeque opera, necnon & quaslibet corrigationes ullius conditionis homines facere praesumant. And it con∣cludes thus,e lib. 3. cap. 27. Porro de Episcopali libertate, quam, Deo annuente, VESTRO QVE ADMINICVLO SVFFRAGANTE, adipisci ad Dei ser∣vitium peragendum cupimus, suo in tempore VOBIS DICENDA, ATQVE VOBISCVM CONFERENDA RESERVAVIMVS. By all which it ap∣peares, that this Councell could decree nothing but by the Emperors License; and that all their Canons and Decrees were vaine and abortive without his ratifi∣cation of them. The Synod of Aquisgran (or Aix) under Ludovicus Pius, An∣no 833. hath almost the selfe-same words and passages; being directed by this Emperor both what to treat of, and petitioning him to ratifie and put in executi∣on what they decreed, as these passages manifest;f Ibi de statu sanctae Dei Ec∣clesiae AD MONENTE Serenissimo atque totius religionis devatissimo praefato Imperatore, tractare coepissemus. Revolutis igitur A VESTRA NOBIS be∣nignissima devotione, COLLATIS TRIBVS CAPITVLIS, id est, VT VEN∣TILARENTVR, &c. Vestrum siquidem nihilominus supplici admonitione & Page  48 affectu charitatis excellentiam, admonente, si quae sunt Ecclesiastici juris VESTRA PIISSIMA GVBERNATIONE ERIGENDA, VT PER VOS, VESTROSQVE Christianae Religionis commilitiones SVBLEVENTVR, &c. g Haec nos fideles & devotissimi famuli & Oratores vestri, juxta parvitatem sensus nostri, SECVNDVM SANCTAM ORDINATIONEM VE∣STRAM, de his quae ad nostram, & consacerdotorum subjectorumque nostro∣rum correctionem & emendationem pertinere perspeximus, &c. Sed nunc quia de his quae praemissa sunt, VESTRO ARDENTISSIMO DESIDERIO pri∣us satisfacere studuimus: illud tamen quod ad vestram specialiter personam mi∣nisteriumque pertinere cognoscimus, nullatenus oblivioni tradidimus; sed potius vestrae saluti prospicientes, nonnulla capitula necessaria fideliter collegimus, & VO∣BIS familiariter admonitionis gratia devoteque PORRIGENDA devovimus. Similiter quaedam ad filios vestros pertinentia, quaedam verò ad commilitones ve∣stros non minùs pertinentia: Which Canons commonly begin thus,h Petimus humiliter vestram Excellentiam. Illud etiam specialiter necessarium vestrae sugge∣rere Pietati duximus. Rogamus etiam vestram Pietatem propter divinam mise∣ricordiam, vestramque salutem. Et hoc humiliter admonemus. Innotescimus vo∣bis, quod ea, quae IN CAPITVLIS VESTRIS NOBIS TRACTAN∣DA COMMISISTIS, &c. Vestram intereà Deo amabilis Augustè petimus clementiam. Similiter est postulandum. Meminimus in posteriis conventibus non∣nulla capitula ab Episcopis VESTRA ADMONITIONE FVISSE TRACTATA ATQVE STATVTA, pro necessitate & communi salu∣te utrorumque ordinum Ecclesiasticorum scilicet & secularium, sed nescimus qui∣bus impedientibus obstaculis quasi oblivioni tradita. Ideoque affectu devoto, sup∣plici admonitione admonemus, & admonendo precamur, ne ista, quae nunc, licèt per∣pauca, praelibavimus ad statum sanctae Dei Ecclesiae, simili modo oblivioni tradan∣tur, sed pro speculo omnibus inconvulsa habeantur atque conserventur, &c. The Synod of Mentz, under Rabanus Maurus, assembled by the command of Lodo∣vicus Pius, sent all their Canons, with a Preface before them, to this Emperor; wherein they have this notable passage touching Princes Jurisdiction Ecclesiasticall,i De Christianis verò Regibus & Imperatoribus non necesse est aliqua exempla ponere; cùm omnes qui rectae fidei & sani dogmatis fuerint, à Constantino Impe∣ratore, qui primus Imperatorum Christianum Religionem defendere, atque hono∣rem Ecclesiarum Dei amplificare coepit,* usque ad nos, semper in hoc studio solerter laboraverint, ut Ecclesia Dei pacem, & tranquillitatem haberet, quatenus cul∣tus Dei incontaminatus foret, & servi ejus sine impedimento Deo delectabiliter de∣servirent. And at the end of their lastkCanon, they conclude with this Petition to the Emperor, Haec verò quae VOBIS TRANSMISSA SVNT, PETI∣MVS, VT VESTRA AVTORITATE FIRMENTVR: Et si quis ad∣versarius illis existere voluerit, praevalere non permittatur. Dei enim cooperato∣res 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,lsent the Canons and Admonitions they had made unto him, to read, approve, and execute, as the Preface and close of them, di∣rected to him, manifest at large: Yea, lib. 3. cap. 27. they desire him, on their bended knees, that hee would look upon them with a favourable and acceptable Page  49 eye, and that they might through his approbation bee profitable to himselfe, 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 A∣redon was confirmed with the Subscription of King Charles, and of all the Clerks and Lay-men present in it;m 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 NOBILI∣TATE DECRETA SVNT. These two Councells were in nature of Par∣liaments, the King and his Nobles being present, having voyces in them, and subscribing them as well as the Prelates. In then 2, 5, 12, 26, to 44. 76, to 83, 88, 89. Canons of the Synod of Melden, wee find nothing but Supplica∣tions and Petitions to the King, to decree, and ratifie the things comprised in them: Petimus, suggerendum est, ut Regia magnificentia liberiorem libertatem Episco∣pis ad suum peragendum in corum parochiis ministerium, quàm hactenus habu∣issent, tribuat. Vt Principes juxta decreta Canonum per singulas provincias sal∣tem bis aut semel in anno à Metropolitanis & Dioeoesanis Episcopis SYNO∣DICE CONVENIRI CONCEDANT: (Therefore they cannot doe it without their license.) Vt Regia Majestas observare praecipiat, &c. Vt jus Ec∣clesiasticum & legem Canonicam nobis ita conservetis sicut Antecessores vestri. Vt Praecepta quae Avus & Pater vester Ecclesiis nobis commissis fecerunt & fir∣maverunt, stabilia conservaverunt, ETIAM VOS CONFIRMASTIS ET de caetero RATA CONSERVETIS. And they thus submit their Constituti∣ons to the King, cap. 80.o Haec vestrae Christianae Devotioni verbis & scrip∣tis protulimus: Vt autem Capitula, quae Domino Mediatore communiter decre∣vistis ET MANV PROPRIA CONFIRMASTIS, & nunc observa∣tores VOS VERBIS PROMISISTIS, ut opere plentièr conservetis & adimpleatis, nunc etiam admonemus. Et Capitula Patris vestri fine rèfragatione de caetero conserventur, ac Capitulis vestrae Religioni, ab exiguitatis nostrae mi∣nisterio oblatis, HOC DIPLOMA, SI COMPLACET, ADNECTA∣TVR. All which, are so many Synodall resolutions, that Canons made in Coun∣cells without Princes speciall ratifications, by their Subscriptions and Charters, are no wayes obligatory. In the Synod of Medardum, under Charles the sonne of Lodovick, who summoned and sate President in it, this King humbly and pru∣dently propounded many things to bee defined and discussed therein, himselfe sit∣ting 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 voyces and Subscriptions. All which, these Pas∣sages of that Synod evidence:p 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 Ec∣clesiarum PIO REGE MƲLTA humiliter & prudenter PROPONEN∣TE, tractassent potiùs quaedam quàm diffinivissent, &c. Parte Cleri quae prae∣sens erat AC LAICORVM, bonum ei testimonium perhibente, &c. Statuit Page  50q sancta Synodus ANNƲENTE PIO PRINCIPE, ut idonei Legati dirigerentur, qui singulorum locorum statum solertissimè perscrutarentur; & quae ipsi per se non valerent corrigere, judicio proximè futuri Concilij ET PO∣TESTATI REGIAE REVELARENT. Obtentum est etiam à devotissi∣mo Principe, ut incesti & quilibet alij perditi examen Episcoporum refugientes, per Judices publicos ad corum praesentiam deducantur, nè alterius illicebram peccandi nutriat impunitas vitiorum. Postremo praefixum est ab omnibus generaliter custo∣diendum; NE VILLAE RES ECCLESIASTICAE ABSQVE REGIS COHIBENTIA COMMVTENTVR. (A strong Canon in the behalfe of the Kings Ecclesiasticall Jurisdiction.) Et sic cunctis secundum regulam Ecclesi∣asticam canonicè & diligentèr 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 CANONI∣CA, PERPETVO inconvulsae & inviolabiliter permansura FIRMARI. The Councell ofr Valens, Anno 855. summoned by the Mandate of Lotharius the Emperor, cap. 23. thus prayes his confirmation of the Canons therein compiled; Quod judicium nostrum tàm necessarium & publicae disciplinae Ecclesiasticae de∣fensioni omnino suppliciter postulamus, EJƲSDEM PII PRINCIPIS AV∣TORITATE MVNIRI: Under which they annex the Edict of Constan∣tine for the confirmation of the Judgements and Constitutions of Bishops. In the Synod ofs 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 publikely related, and read in it: which the Synod drawing up into Ca∣nons, humbly desired him to ratifie, and to correct sundry abuses which they com∣plained of: Which the King, PRAESENTIBVS OPTIMATIBVS SVIS, in the presence of his Nobles, ratified, both by word of mouth, and Royall Sancti∣ons, beginning with a Statuimus, Sancimus; and concluding thus: Haec olim saepe inculcata ET AVGVSTALI SANCTIONE NOSTRA PROMVL∣GATA, 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. ThetCouncell of Pistis, Anno 863. under King Charles the Bald, is thus prefaced, Carolus gratia Dei Rex, & Episcopi, Abbates quoque & CO∣MITES, 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 Councell of Valens were made with the consent of that Councell, by the Kings Precept, and by him com∣manded to bee proclaimed and kept by his Subjects, and to bee read and ratified in this Councell: the Constitutions whereof are made in the Kings, and published in the Kings and Councells names; who both subscribed and ratified them, as this close of the Acts of that Councell witnesseth,u 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 COMMƲNI CONSENSV DECREVIMVS, ea conditione servatà, ut omnis in cunctis Ordinibus Lex Juris debiti, & honor ab Page  51 omnibus obedienter & fideliter cooperante Domino conservetur, Post haec omnia relicta & collaudata COMMVNI CONSENSV DECREVIMVS, &c. The Councell of Wormes, Anno 868. assembled by the command of King Lodo∣vick, applaudes this Princes great devotion, and care for Religion, in these termes,x Cujus tanta erga Deum devotio extat, ut non solùm in rebus humanis, VE∣RVM ETIAM IN CAVSIS DIVINIS MAXIMAM SEMPER SOLLICITVDINEM GERAT: The Acts of which Councell were ap∣proved by him, The eighth generall Councell of Constantinople wasyconfir∣med by the Subscriptions of the Emperors, Basilius, Constantine, and Leo, whose Princes and Nobles were present, and sate as chiefe Directors and Judges in it: And at the close of the Councell, Basilius himselfe, there present, demanded of the Synod, if they all consented to the Acts and Decrees of this Councell, and whether any of them did stick or doubt of any of them? whereto they re∣plyed, Omnibus placent quae lecta sunt: Omnes eisdem ipsis concordamus, om∣nes ita praedicamus; omnes concinentes & consentientes prompte subscribimus▪ After which they all subscribed; and then the Emperors in the last place sub∣scribed in this manner, Basilius, Constantinus, & Leo, perpetni Augusti, in Christo Deo sideles Principes Romanorum, & magni Imperatores, sanctam hanc & universalem Synodum SVSCIPIENTES, ET OMNIBVS QVAE AB IPSIS DEFINITA ET SCRIPTA SVNT, CONCORD AN∣TES, SVBSCRIPSIMVS MANV PROPRIA. In the Councell of Fri∣burg, Anno 895.z Arnulphus the Emperor sate chiefe President: In which were present not onely Bishops and Abbats, but likewise all the Princes and No∣bles of the Empire, with innumerable troops of Clergy-men and Lay-men, who all confirmed the Acts and Decrees thereof with their Subscriptions: Haec Sub∣scriptio sacro-sanctae venerabili professione & condigna responsione innumerabi∣lium circumstantium Presbyterorum ac Diaconorum, necnon & NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPRO∣BATA; as Surius relates it. In the greataCouncell of Constance, the King of Romanes in his Imperiall Robes sate as President, accompanied with his Nobles, with the Ambassadors and Orators of all Nations, who had voyces in that Councell, and confirmed the Acts and Sessions thereof, both with their Suffrages and Subscriptions. Yea, Sigismund King of Romanes, upon the Peti∣tion of the Councell, by his Letters Patents and Proclamations under his Seale, tooke upon him the patronage and protection of the whole Councell and their Actions; and justified and ratified all their Proceedings; as the Fourteenth Ses∣sion manifests, and sundry Passages in that Councell prove at large. In the Coun∣cell of Basil, not onelybdivers Ambassadors and Nobles were present, but likewise Sigismund King of Romanes, Hungary and Bohemia, tooke the said Councell into his Protection against Pope Eugenius the Fourth; the Councell likewise protecting him, and vacating all the Proces and Proceedings of the Pope against him and William Duke of Bavaria, another of their Protectors. Yea, the Decrees of this Councell were made, Assistente Domine Imperato∣re, in habitu Imperiali, by the assistance of the Emperor, who sate in that Councell in his Imperiall Robes, and confirmed the Acts and Decrees there∣of with his golden Bulls and Edicts. In this Councell, many Epistles of the Page  52 Emperor and other great Princes, both ordering and ratifying their Proceedings and Decrees, which were read publikely; yea, the Determinations and Constitutions both of the Councels of Constance and Basil, were ratified by King Lewes of France, by Act of Parliament, 25. Januarij, Anno 1475. and after that, by another Act of Parliament at Paris, 25. Junij, Anno 1512. and by them en∣joyned to bee strictly observed: both which Acts are recorded at large byc Bochellus, where hee who listeth may peruse them. In the Councell of Fer∣rara, d Joannes Palaeologus Emperor of Constantinople, sate as chiefe Presi∣dent, and divers Nobles with him; yea, hee swayed and directed most things in it; and most that spake therein directed their Speeches to him; as every Page almost of the Acts of that Councell, and every Session, manifest: speaking and disputing; Impetrata priùs ab Imperatore facultate dicendi: Imperatoris jussu. Si Serenissimo Imperatori placuerit, ea nunc libenter aggrediar. Imperator Serenissime vobis dico. Mitissimi Imperatoris jussu Orationem nostram prose∣quemur. e Imperator. Quisnam est Autor hujus voluminis? And. Herme∣us. Imper. Estne rationi congruum t in Synodo historiae innitantur? And. Ad cognoscendum res gestas Serenissime Imperator, Historia uti debemus. Imp. Historiam illam in nostra Religione debemus suscipere, quam majores nostri probaverunt, aliam verò minimè. And. De Romanorum, aut Graecorum, aut Regum bello Historia, Mitissime Imperator, in Synodo nequaquam uti debe∣mus, &c. Sed (ut lubet) Humanissime Imperator, omissis his, unde digres∣si sumus, revertamur.f Imper. Dicat Cardinalis.g Imperator jussit ut dissertores electi negocium prosequerentur. Ephesius Imperatoris jussu longam Orationem habuit. Consentiente Imperatore, &c. This Councell being adjourned to Florence, Julius the Cardinall there began it with this Oration,h Quo∣niam Imperator Mitissime, &c. after which followes a large Dialogue, in open Councell, between him and the Emperor; in the close whereof, Imperato∣rem rogarunt, &c. Cui quidem sententiae Imperator acquiescens, voluit, ut statim disputatores ipsos seligerent, &c. In the 22.iSession of this Coun∣cell, the Emperor oft times speakes; Haec ad propositum nequaquam spectare videntur, &c. Vt tibi Pater Ephesius morem gereret, huic questioni P. R. re∣spondit. Verum in posterum ne verbum quidem de ea faciet, quandoquidem non tot de causis huc convenimus. De proposita Questione, necesse est, in praesen∣tia disputare, de hac verò forsan alias. Ita quoque Nobis videtur. De hac Questione suo loco videbimus. Session 23. John the Popes Disputant saith,k Superiori Sessione Imperatoris Serenissimi jussu convenimus. Non ego, sed Serenissimus Imperator tibi legem imponere potest, saith hee to Marcus. The, Emperor in this Session spake oft, and gave the rule of the Synod, and com∣manded another Session to be held: Jussit ut iterum Sessio haberetur. And in thellast Session hee orders all, and rules the Rost among his Greciaus; brings them to a unity with the Westerne Churches, concerning the point of the Procession of the Holy Ghost both from the Father and the Sonne: hee informes them, that hee being by Gods grace their Emperor, after the custome of his Predecessors, would rest satisfied with the Determination of this Coun∣cell; and what it, or the major part of it should conclude, hee would to the uttermost of his Imperiall power ratifie, and defend: But (saith hee) I will Page  53 not bee constrained by the Latines to adde any thing to our Sacred Creed, or to change any of the Ceremonies of our Church. And when the Greeks and Latines had accorded, and drawn up Letters of union, both in Greek and La∣tine, to which both parties should subscribe; this Emperor, first of all for his party, subscribed in this manner: Ego Joannes Palaeologus, fidelis in Christo Rex, & Imperator Romanorum, subscripsi: And five Letters of Union being thus subscribed by him and the whole Synod, they were further ratified by the Popes and Emperors Seales. In the firstmSession of this great Coun∣cell of Ferrara, the Pope would have placed the Emperor with his Greeks on the left hand, the Latine Clergy on the right, and himselfe would have sate in the midst; but the Emperor withstood it, saying, Locum ipsum sibi potiùs 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 Councell of Lateran, under Leo the tenth, there were diversnAmbassadors, Princes, Nobles, and Lay-men present in every Session: Sigismond King of Poland had his Ambassadors and Orators there, chosen by himselfe, his Princes, Lords Spirituall and Temporall, Nobles, and Commons in full Parliament; who gave them full Power and Commission for them, and every of them, (Pro Nobis ac Regnis, Dominiis, Principibus, Spiritualibus & Secularibus, Proceribus & Populis ditioni Nostrae Subjectis, (saith their Commission under the Kings Seale, 10. Aprilis, Anno 1515.) to treat of, handle conclude, agree, and determine of all things in their names and steads, that should bee propounded or handled in that Councell, concerning Religion, or the Church: Etiamsi talia forent quae mandatum exigerent magis speciale quàm praesentibus est insertum: Promising that they would ratifie, grant, confirme and establish whatever should be there done and acted by their Orators. Maximilian Duke of Millain, Francis Marquesse of Mantua, Sta∣nislaus and John Dukes of Mazovia and Russia, sent Orators and Ambassa∣dors to this Councell, with like Commissions under their Seales, to ratifie all things therin concluded in their steads; recorded at large byo Surius, in the third Session of that Councell. And the like Commissions had the Ambassadors of Lewes King of France, Joachim Marquesse of Brandenburge, William Mar∣quesse of Montferrat, Emanuel King of Portugall, Charles Duke of Savoy, and Maximilian the Emperor; the Constitutions of Councells wherein the Pope sate President being not obligaotory, unlesse the Emperor, with other Chri∣stian Kings and Princes ratified them, by their Ambassadors, Orators, and Proctors, if absent from; or by their Subscriptions and Seals, if present in them.

In thepCouncell of Lyons, Anno 1245. foure Noble-men chosen and sent by the King and Parliament of England, were present as Ambassa∣dors: And the Bishops sent by the Church of England to the generall Coun∣cell of Pisa, Anno 1409. were elected and chosen by the whole Clergy of England, in their Convocation.q
In the Councell of Basil, King Henry the Sixth of England had fourteene Ambassadors, Orators, Proctors, to whom Page  54 and to the major part of them, hee gave as well a generall as speciall power and Mandate, in his name and stead, to bee present in that Councell, and there∣in to treat, conferre, and conclude, as well of those things which might concerne the Reformation of the Universall Church, in the Head, and in the Members; as of those things which concerned the Supportation of the Ortho∣dox Faith, and the Pacification of Kings and Princes; as also of, and concer∣ning a perpetuall Peace from Warre, between him and Charles of France, his Adversary: and also to treat, commune, and appoint, and moreover to assent, and, if need were, to disassent to those things which should there happen to bee decreed and ordained, according to the determination of the said Coun∣cell: Promising that hee would, bona fide, ratifie, approve, and confirme, all and every thing that should bee done, acted, or effected in the premises, or any of them, by his said Ambassadors, Orators, and Proctors, or the greatest part of them; and that when hee should bee certified thereof, hee would see them duly executed, as farre as belonged to him, and to a Christian Prince. The Let∣ters Patents themselves, dated the tenth of July, are recorded verbatim byrMaster Selden, out of the Tables of France, 12. H. 6. memb. 2. A sufficient Testimony, that it belongs to Christian Princes, by themselves, their Ambassa∣dors, Orators, or Proctors, to ratifie the Decrees of all Councells and Synods, and to disapprove and damne them, if they see cause. Whence King Henry of France, and the Parliament and Synod of Paris, Anno 1593. damned and dis∣avowed divers of the Canons of the Councell of Trent, as prejudiciall to the Crown, Royall Justice, and liberty of the Church of France; ass Bochellus relates at full. To conclude with Forraigne Presidents: The Conclusions, Con∣stitutions, and Determinations of that late famous Synod of Dort, were ratified by the generall approbations and Edict of the Estates of the Low-Countries, un∣der their hands and Seale:t Visis, cognitis, & maturè examinatis atque ex∣pensis, praedicto judicio & sententia Synodi (say they, in their Charter of Ap∣probation,) ista plenè in omnibus approbavimus, confirmavimus, & rata ha∣buimus; approbamus, confirmamus, & rata habemus per praesentes. Volentes & statuentes, ut nulla alia Doctrina de quinque praedictis Doctrinae capitibus Ecclesiis horum regionum doceatur aut propagetur, praeter hanc, quae praedicto judicio sit conformis & consentanea, &c. Actum sub nostro Sigillo, Signatione Praesidis & Subscriptione nostri Graphiarij, Hagae Comitis, 2. Julij, Anno 1619. All these, with sundry other Forragine Testimonies, abundantly demonstrate, That the Constitutions, Canons, and Decrees of Councells, are of no binding force and power at all, unlesse confirmed by Emperors, Kings, Princes, Nobles Subscriptions, Edicts, Patents, Proclamations, and Acts of Parliament: and that most ancient Councells in forraigne parts were in truth but Parliaments.

To passe from these to our owne domesticke Presidents: It is most apparent, by numerous punctuall Examples, that the Clergy of England alone, had never any lawfull Jurisdiction vested in them, to make binding Ecclesiasticall Lawes or Canons, in our Synods and Convocations, in any age, without our Kings, No∣bles, and Parliaments assents and approbations: That all, or most of our ancient Councells, Synods, Convocations, wereanought else but Parliaments; wherein Page  55 our Kings, Nobles, Senators, and Commons were personally present, as well as Bishops or Clergy-men: And that all matters concerning Religion, Church-Go∣vernment, Ceremonies, with all binding Lawes, Canons, Articles relating there∣unto, have, since the first planting of Religion in this our Island till this present time, beene alwayes setled, resolved, confirmed, in, and by Parliaments; or such Councells and Synods, wherein our Kings, Nobles, Commons were present, and had decisive Votes.

It is the received opinion of all our Antiquaries and Historians, thatbKing [ 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 yeare of our Lord 185. hee writing to Pope Elutherius, to send him the Romane and Imperiall Lawes, where∣by to governe his people, (then newly converted to Christ,) the modest Pope retur∣ned him this answer; You have requested the Romane and Caesarean Lawes to bee transmitted to you from Ʋs, which you would use in the Kingdome of Britaine: The Romane and Caesarean Lawes Wee may at all times reject; but the Law of God by no meanes. You have lately, by Gods mercy, received the Law and Faith of Christ in the Kingdom of Britaine; You have with you in the Realme both Testa∣ments; out of them, by Gods grace, PER CONSILIƲM REGNI VESTRI, SƲME LEGEM; By the Councell of Your Realme, (not of your Clergy or Prelates) take a Law; and by it, through Gods power, You may governe Your Realm of Britain: For You are Gods Vicar (asc Bracton likewise stiles our Kings) in Your Realme, &c. Lo here the Pope himselfe resolves, the King and great Coun∣cell of this Realme (the Parliament, not Clergy or Convocation) to bee the only proper makers of Lawes to govern the Church and Kingdom by.

Anno 446.d Germanus and Lupus, two learned Bishops, being sent hi∣ther out of France, to suppresse the spreading, dangerous Pelagian Heresie, there was upon this occasion a Synod assembled at Verolam; whereunto, a numerous multitude of men, together with their wives and children, repaired: ADERAT POPVLVS, EXPECTABATVR FVTVRVS IVDEX, The People were [ 2] present, & expected to be the future Judge: Adstabant partes, dispari conditione con∣similes. Indè divina fides; hinc humana praesumptio: indè Christus; hinc Pela∣gius, autor perversae pravitatis, &c. After a long dispute, Vanity is convinced, confounded; perfidiousnesse refuted, being unable to answer the objections. PO∣PVLVS ARBITER vix manus continet, JVDICIVM CVM CLAMO∣RE 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 Sy∣nod, that wee read of, held within our Island, the People were present, as well as the Clergy, and that not only as Auditors, but Judges, giving the finall Sen∣tence in this great controversie concerning Religion.

Anno 449. There was anothere British Councell, held by the said Ger∣manus [ 3] and Severus, MAGNOQƲE Clericorum ET LAICORƲM NƲ∣MERO, and a great number of Clergy-men and LAY-MEN, against the revi∣ving Errors of Pelagius, and King Vortigerne's incestuous marriage with his daughter; OMNIƲMQƲE SENTENTIA pravitatum perversitas cum Page  56 suis Autoribus condemnatur: So that the Laity, as well as the Clergy, gave Sen∣tence in this Synod against this Heresie and the Authors of it. Nennius cap. 37. addes of this Councell, concerning Vortigerne, Dum conventa esset magna Syno∣dus Clericorum ET LAICORƲM in uno Concilio, &c. Ipse Rex maledictus est, & damnatur à beato Germano, & OMNI CONCILIO BRITONƲM. 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 yeare 612.fKing Ethelbert, Genti suae Decreta Judiciorum (as well in Ecclesiasticall as Temporall causes,) juxta exempla Romanorum, CVM CONCILIO SAPENTƲM INSTITƲIT, &c. as Beda witnesseth.

About the yeare 627.g Edwin King of Northumberland being perswaded to [ 5] become a Christian, returned this answer, That he was about to conferre with his friends and COƲNSELLORS concerning this thing, and that if they would agree in opinion with him, they would all be consecrated to Christ together in the Fountaine of life: Hee did as hee had said; Habito enim CƲM SAPIENTI∣BƲS CONCILIO, For, holding a Councell with his wise-men, hee demanded severally of them all, What this Doctrine, which they had not hitherto heard of, and the new worship of the Deity which was preached, seemed to them? And af∣ter some debate, Coifi declaring his opinion, that their former Religion had no vertue in it, and that the Christian was farre better, and to bee imbraced; the rest of the Elders and Kings Counsellors concurred in opinion with him: Whereupon they resolved forthwith to anathematize, and burne with fire, the Altars and Temples they had consecrated, without fruit, with the Idols in them: Which done, King Edwin, with all the Nobles of his Nation, and very many of the common people, imbraced the Christian Faith, and were Baptized. Leo here, a Pagan King and his Parliament determine the Christian Religion to be truest; and thereupon renounce their former Idolatry, and resolve to embrace the Christian Faith.

[ 6] In the yeare 663. there was a great Councell held athStrenaeshale, to decide the controversie concerning the due time of keeping Easter: in which Councell, King Oswey and his sonne Alfred, with MANY NOBLES, Bishops, Clerks, and LAY-MEN were present. Colman and his Scottish Clergy main∣tained, that it ought to bee kept after the Jewish computation: Agilbert and his party held the contrary; that it ought to bee observed at the time the Westerne Church solemnized it. The Councell being sate, King Oswey, who presided in it, before any debate of the Controversie, made a solemne Speech unto them, to this effect; (necessary for our times.) That it behoved those who served one God, to hold one rule of living, and serving him; and not to differ in the celebration of heavenly Sacraments, since they all expected one Kingdome in heaven: Therefore they should rather inquire, which was the truer tradition, and that this should bee commonly followed by all. Which said, hee comman∣ded Bishop Colman to relate what Rite it was which hee observed, and whence it derived its originall: Which Colman doing, the King then com∣manded Bishop Wilfrid, who was of the contrary party, to declare his opi∣nion, and the grounds of it; which hee did: After long debate on either side, Page  57 the King gave sentence for VVilfreds opinion, against Colman and his party, be∣cause St. Peter, who had the custody of Heaven Gates, did (by Colmans owne confession) keep Easter as VVilfred held they ought to doe. The King giving this resolution with his hands lifted up to heaven; faverunt assidentes quique sive as∣tantes majores, unà cum mediocribus, et abdicata minus perfecta institutione, ad ea quae meliora cognoverant sese transferre festinabant: all the great and meane Persons sitting and standing by concuring with the King, gave sentence against Coleman for VVilfred, and observed Easter accordingly ever after in their practice. Here we finde the Clergy men only the debaters, but the King, Nobles, and Commons the sole Judges and Resolvers of this Controversie, and that in a most eminent generall Nationall Councell.

Anno 673. there was a Councell held at Hertford under Theodor Archbishop [ 7] of Canterbury, praesentibus Episcopis Angliae ET REGIBVS ET MAG∣NATIBVS VNIVERSIS writesiMathew 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] affaires) before Them all, which were afterwards assented to and subscribed.

Anno 684.k There was a Councell held neare the River of Alne sub praesen∣tia Regis Egfridi: in the presence of King Egfrid, who sate president in it. [ 9]

Anno 692. King Ina made and published sundry notable ecclesiasticall laws concerning Religion & Church government,l and that in a Parliament or Coun∣cell, wherein the King, Nobels, Senators, and Elders of the people were present, as well as Bishops and Clergy men, Witnesse this preface to those Lawes of his.

Ego Inas Dei beneficio Occiduorum Saxonum Rex suasu et instituto Conredi Patris mei, Heddae et Erkenvaldi Episcoporum meorum, omnium Senatorum meo∣rum et natu majorum sapientum populi mei, in magna servorum Dei frequentia, re∣ligiesè studebam, tum animarum nostrarum saluti, tum communi Regni nostri con∣servationi, ut legittima nuptiarum faedera, justaque judicia per omnem ditionem nostram fundata, stabilitaque sint, atque ut nulli liceat imposterum Senatori, sive al∣teri [ 10] cuivis in ditione nostra degenti, haec nostra antiquare judicia.

mAnno 694. there was a great Councell held at Becanceld, wherein Withred King of Kent sate President, and Bertuald Archbishop of Britain, with Toby Bi∣shop of Rochester, the Abbats, Abbesses, Presbiters, Deacons, DVKES, EARLES, all assembled together, deliberating about the state of the Churches in England. The King subscribed the Lawes there made for the liberties of the Church, in this manner. Ego Withredus auxilio Christi his Legibus constitutis Rex, pro Mo et Werburga Regina, itemque pro filio nostro Arico subscripsi. [ 11]

Anno 697. there was an Councell held at Berghamsted in the 5th. yeare of the Reigne of Withred King of Kent, under Birtuald the high Priest of Britanny, Gybmund Bishop of Rochester, and all the Ecclesiasticall Orders, qui cum viris utique militaribus humanissimè et communi omnium assensu has lges decrevre, Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas, edixere The Lawes are 28. in number, all concerning Ecclesiasticall matters, and are stiled in the Saxon Copy, Juditia Withredi, made in a Councel at Berghamsted, praesen∣tibus omnibus Ordinibus illius gentis, cum viris quibusdam militaribus. So that this was no other but a Parliament, wherein the King, Nobles, Commons and Page  64 Souldiers were present, as well as the Bishops, promulging and conenting to these Lawes.

About the yeare 712oae King of Westsex, assembled a great Councell [ 12] of all his Bishops, PRINCES, NOBLES, EARLES, AND OF ALL THE WISEMEN, ALDERMEN, AND COMMONS OF THE WHOL REALM, wherein he made certain Ecclesiasticall Lawes concerning mariages, to suppresse all fornication and uncleanesse; Exhortatione & doctrina, & per COM∣MVNE CONCILIVM & ASSENSVM OMNIVM Episcoporum & OMNIVM ALDERMANNORVM, PRINCIPVM, PROERVM, COMITVM, & OMNIVM SAPIENTVM SENIORVM, & POPV∣LORVM TOTIVS REGNI; (or MVLTAQVE CONGREGATIONE SERVORVM DEI) as some others render it.

About the yeare 714pNaitan 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 Councell of learned men, and of his Nobles; and reading the said letter before them; Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV, kne∣led downe upon his knees, giving thanks to God, that he had deserved to re∣ceive such a gift from the Land of England; and professed, that he would have this forme of keeping Easter, and tonsure to be perpetually observed throughout [ 14] his Realme: which was presently commanded by a royall Edict, to be put in pub∣lique execution and was accordingly performed.

Anno 724. There was aq Synod held in Northumberland, by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie. About foure yeares after, there was another Coun∣cell held at Worcester under Archbishop Bertuald by Pope Constantines ad∣vise, not only of Religious persons; Sed etiam regni Procerum, But likewise of [ 15] the Nobles of the Realme.r

The Councell of Clovesho or Cliffe, Anno 747. Cui Concilio interfuerunt Ethelbaldus Mrciorum Rex, CVMOMNIBVS REGNI SVI PRINCIPIBVS ET DVCIBVS; as well as the Bishops and Clergy, made sundry Ecclesiasticall Constitutions, consented to and approved by the King all the Princes, Dukes Nobles of his Kingdom, & not made or promul∣ged [ 16] by the Bishops only. At this Councell were present 33. Princes and Dukes.

The Ecclesiasticall Canons in the Councell of Calchyth,sAnno 787. were made and confirmed by Offa King of Mercians, and the secular Princes and Senators of the Land therein assembled, as well as by the Ecclesiasticall Per∣sons: [ 17] Convenerunt Omnes Principes regionis tam Ecclesiastici quam Seculares &c. Tam REX QVAM PRINCIPESSVI,tCVMSENATORI∣BVS TERRAE DECRETA SIGNO CRVCIS FIRM A∣VERVNT. [ 18]

Anno 79.a Pope Alrians Legates held a Councell at Chalchyth; where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield, and Offa King of Mercians, who sate chiefe in it, caused Page  65 his Sonne Egfride to be crowned King, it being in truth a Parliament, as well as a Synod, antiently and yet stiled a COVNCELL. [ 19]

Anno 793u King Offa held a Councell at Verolam with Archbishop Hum∣bert and his suffragans; ET PRINCIPIBVS SVIS VNIVER∣SIS, and all his Princes; where they consulted about, and resolved to build an Abbey to Saint Aban, and to endow it with great priviledges, and that the King should goe to Rome about it, which he did; Iuxta sententiam praedicti Con∣cilii.

Anno 794. at thex great Councell of Celichyth, there were present 9. Kings, [ 20] 15. Bishops, and 20. Dukes, wherein the Reliques of Saint Alban were elevated, adorned, and a Monastery sounded to enshrine his bones: And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Ve∣rolam: REX VNANIMI OMNIVM CONSENSV et benevo∣la voluntate beate Albano amplas contulit terras, et possessiones innumeras, Monacho∣rum [ 21] quoque conventum ad tumbam congregavit, &c.

yCyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz, una cum Episcopis meis, neenon CVM CATERVA SATRA∣PARVM; to settle matters of Religion.

In thez Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos, DVCES, Abbates, & CVJVSCVN∣QVE [ 22] ORDINISVIROS: there were severall Canons made concerning matters of faith and the lands and revenue of the Church.

At thea Synod of Celichyth held on the sixth of August An. 816. under [ 23] Kenulf King of Mercians, there were not onely Bishops, Abbots, Priests, and Deacons present in it, but the King himselfe cum suis Principibus, Ducibus & Optimatibus; with his Princes, Dukes, Nobles, who made and published 11. Canons concerning matters of saith and Church affaires. [ 24]

Anno 822. there was ab Synodall Councell held at Clovesho under king Beornulfe, wherein this king sate President; Archbishop Wilfred, with the rest of the Bishops and Abbots; OMNIVMQVE DIGNITATVM OP∣TIMATIBVS Ecclesiasticarum scil.: & SAECVLARIVM PERSONARVM, being present in it, debated such things as concerned the profit and necessity of Churches, the rule and observance of a Monasticall life, and likewise the stability of the Realme. A cleare evidence it was both a Parliament and Synod too. [ 25]

Anno 824. There was anotherc Synodall Assembly held at Clovesho under the same king Beornulfe, and Wulfred Archbishop of Canterbury; assi∣dentibus Episcopis, Abbatibus, & PRINCIPIBVS. MERCIORVM VNI∣VERSIS & MVLTI SAPIENTISSIMI VIRI CONGREGATI: to de∣termine certaine Controversies, and settle the lands of the Church, which they did accordingly; the Acts of this Councell 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 aeCouncell 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 Page  60both the Archbishops of England, with the Bishops and Nobles. In which they con••ted not onely of Church affaires, but also about hindering the incursions of the Danes; and confirmed divers Priviledges to the Abby of Crowland, by a Charter granted by this King in this Councel, subscribed by the King, Dukes, and other Laymen, as well as by Bishops and Abbots.

Anno 838. I findefConcilium Pan-Anglicum held at Kingston, wherein King Egbert and Ethelwolfe his Sonne sate Presidents, together with Ceolueth Archbishop, and the rest of the Bishops, & optimatibus Angliae and the chiefe men and Nobles at England,, wherein certain Charters of Lands given to the Church (formerly accorded to by the Nobles) were confirmed vnder pain of excom∣munication, and curses to the infringers of them. About which timegKeneth king of Scots, compiled and published certain Ecclesiasticall Lawes, intermixed with [ 28] temporall, made in a Parliamentary Councell, not an Episcopall Synod.

hAnno 851. there was a Councell held at Kingsbury, under Bertulph King of Mercia, praesentibus Ceolnotho Dorobernensi Archiepiscopo, caeterisque Regni Merciae Episcopis & Magnatibus; and another Councell at Benningdon [ 29] under this King about the same year, â Praelatis & Proceribus Regni sub Bertol∣pho Rege; In both these ample possessions and priviledges were granted to the Abbots and Monks of England; Vnanimi consensu totius praesentis Cancilii, pro Regni negotiis Congregati, the Charters being subscribed by Dukes, Lords, and temporall Officers, present in these Councels, as well as by Bishops or Abbots.

An. 855.kThere was a generall Councel of all England held at Winchester, Concilium Ʋntoniae 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 royall 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, renon Beorredo Rege Merciae & [ 30] Edmundo Eastanglorum Rege, Abbatum, & Abbatissarum, Ducum, Comitium, Procerumquetotius terrae, aliorumque fidelium infintia multitudine, qui omnes Regi∣um Chirographum landaverunt, Dignitates vero sua nomina subscripserunt. These Councels therefore were no other but Parliaments.

[ 31] ThelEcclesiasticall Lawes of king Alured Anno 887. were made in Par∣liament, and not in a Synod of Bishops; Ex Consulto Sapientum; Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex, prudentssimeram è nostris confilio usus sum, atque eis omnibus placuit edici eorum observationem; [ 32] saith the Praeface to his Lawes.

Them Ecclesiasticall Lawes of Alured (or Alfred) and Guthurne were ac∣corded in a Councell, wherein these Kings and their people made a League.

King Edward the eldern 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 con∣stituted and elected five Bishops in the Province of the Gevisi, where there Page  61 were but two Bishopricks formerly, dividing those two Bishopricks into five, by a Parliament, not Synod.

The Ecclesiasticall Lawes of Kingo Edward the elder and Guthurne An. [ 33] 905. were made in Parliaments of the Lords and Commons, not Synods of the Clergie, as appeares by this Proeme. Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus & Guthurnus Reges, deinde Edovardus & Guthur∣nus Reges illis ipsis temporibus tulere, cum Pacis foedus Daci & Angli ferierunt ac sese mutuo anplexi sunt; quae postea a SAPIENTIBVS recitata saepius, at∣que ad communem Regni utilitatem aucta, atque amplificata sunt.

ThepEcclesiasticall Lawes of King Aethelstan An. 928. were made in [ 34] Parliament, not in a Convocation, as is evident by the temporall lawes 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 Ecclesiasticall lawes ofqHoel Dha the good King of all Wales, [ 35] about the yeare 940. were made, not by the Ecclesiasticall persons onely, but by the Laiety too, hee summoning, sex Laicos viros auctoritate & 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 Ecclesiasticall Lawes, for him and his people.

The Ecclesiasticall Lawesrof King Edmund Anno 944. were made in a [ 36] Parliament at London, as appeares by the temporall lawes joyned 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 frequen∣tia studiose requisivisse, quo tandem pacto Christiana proveheretur fides. Atque NO∣BIS 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 inve∣stigans investigovi cum sapientibus Clericis & LAICIS. [ 37]

Anno 948.sThere was a Councell as well of Lords and great men as Bishops and Abbots held in London. In festo Nativitatis beatae Mariae cum uni∣versi Magnates Regni per regium edictum summoniti tam Archiepiscopi, Episcopi, ac Abbate; quam caeteri totius Regni Proceres & Optimates Londoniis conve∣nissent, ad tractandum de negotiis publicis totius regni, consummatis Omnibus, the K. in this Parlia. granted a large Charter of lands & priviledges to the Abbey of Croyland: this Councell therefore was certainly no other but a Parliament. [ 38]

tAn. 952. Edarus Rex tandem potior, emvocate ad Brandenfordiam Regni Concilio, Patris Edwini acta & decreta rescindit; Ablatas Ecclesiis & Mo∣nasteriis opes restituit, &c. This no doubt was a Parliament. [ 39]

King Egars Ecclesiasticall Lawes An. 967. have this Prologue which proves them made in full Parliament,v Leges quas Edgarus Rex FREQVEN∣TI SENATV, ad Dei gloriam, regiae Majestatis ornamentum, ac Reipublicae uti∣litatem 〈1 page duplicate〉Page  60〈1 page duplicate〉Page  61Page  68 [ 40] sanciunt. Hoc est institutum quod Edgarus Rex Consilio Sapientum su∣orum instituit, &c.

[ 41] Anno. 973. I finde a Councell held atxLondon under King Edgar, for the regulating of the Abbots and Monkes of Glastonbury, and setling of their priviledges, wherein King Edgar granted a Charter to this Abbey, CON∣CILIO OMNIVM PRIMATVM MEORVM; subscribed by him∣selfe and Alfgina his Mother, Edward Clito his successor, Kmedius King of [ 42] Scotland, Mascusus his Admirall, Dunstan Archbishop of Canterbury, Oswald Archbishop of Yorke, caeterisque Episcopis & OMNIBVS Regni PRIMATI∣BVS, with others of his officers.

In the Councell ofyWinchester An. 975. assembled to determine the great controversie, whether married Clerkes ought to bee preferred before monkes? 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 TO∣TIUS REGNS, were present to decide this difference.

In the Councell of Calne Anno 977. called for the same purpose, there were presentzpraeter Episcopes & caeterum clerum, TOTIVS Angliae Ma∣jores Natu: Omnes aderant Aaglorum Optimates, Rege tamen (propter teneram aetatem) absente: There were at it, Praesules, PROCERES, EQVITES, NO∣BILES PARITER & IGNOBILES, Omnium ordinum conspicui, clarique [ 43] viri, write our Historians.

Anno 1005.a King Aethelred granted Lands and priviledges to the Monkes of Christ-Church in Canterbury by his Charter, confirmed and sub∣scribed [ 44] in a Parliamentall Councell, as well by his Nobles, as Prelates and Ab∣bots, as you may read in the subscriptions themselves.

Anno 1009.bThere was a generall Councell at Eanham, Concilium Aenhamense generale seu Pan-anglieum Optimatibus celebratum: In this Coun∣cell there were thirty two Canons made, which begin thus, Haec sunt Constitutiones quaetulerunt Angli eruditi, eligerunt etiam & edixerunt, instanter∣que docuerunt observandas. This (writes Spelman) was doubtlesse a Parliament, Regium fuisse certum est Aenhamense Concilium, tum quod edicto Regis cogeba∣tur, & de rebus statuit ad ecclesiasticos non pertinentibus, tum quod in festo habe∣batur Pentecostes, in quibus celebritatibus convocare Reges ex antiqun consuentudine, soliti orant Proceres suos utriusque ordinis ad festum Regium adornandum, & con∣silia [ 45] Regni ineunda: yet its decrees are stiled SYNODALIA.

The Ecclesiasticall lawes of king Aethelred Anno 1012. have this Inscrip∣tion, cHaec instituerunt Rex Aethelredus, & SAPIENTES ejus apud Habam They were made in full Parliament, not in a Convocation of the Clergy, and intermixed with secular Lawes.

[ 46] The Councell of Winton under Canutus Anno 1021. begins thus,d Haec sunt statuta Canuti Regis Anglorum, &c. Venerando sapientum ejus Con∣cilio, 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, persistentibit∣personaliter Page  69 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 quam∣plurimis gregarijs Militibus, ac cum populi multitudine copiosae, ac omnibus tunc in eodem Parliamento personaliter existentibus, votis Regijs unanimiter consenti∣entibus, praeceptum & decretum fuit. Quod monasterium, sancti Edmundi, &c. sit ab omni jurisdictione Episcoporum Comitatus illius, ex tunc in perpetuum fun∣ditus liberum & exemptum, &c. This Councell was clearely a PARLIA∣MENT and so expresly stiled.

TheeEcclesiasticall Laws of K. Knute, An. 1032. were made in Parliament, [ 47] not in Convocation, as appeares by this proaeme. Consultum quod Canutus Aa∣glorum, 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 Lawes made at the same time, Haec illa humana, at{que} politica sunt Jura, quae Sapientum adhibito consilio, per om∣nem Aagliam observari praecipio. So as this Councell clearely was a Parliament, not a Synod or Convocation.

Anno 1066. There was a most famousf Councell or Assembly held at [ 48] Westminster under King Edward the Confessor, in the last yeare of his Reigne, on the Feast of Christs 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, privi∣ledges, and Sanctuary of Westminster Abby, then newly re-edified and conse∣crated: In which Councell the King granted severall Charters of priviledges 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 Councells were nought 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 Ecclesiasticall Laws, Canons and Consti∣tutions 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 meere Ecclesiasticall Synods, without the Nobles, Sena∣tors; and Commons consents or Votes. Neither finde I any example or Author from King Lucius his Reigne to the Conquest, that either denyed the legis∣lative or coercive power of such Councells and Parliaments, either in matters of doctrine, Discipline, Church Government, or manners; but all readily and unanimously subscribed to it: enough to silence all novell opposits whatsoever, King*William the Conqueror as he was resolved in a Full Councell and Par∣liament, to bee Christs Vicar, and chiefe Governour of the Church within this Page  68 Realme in these words;*Rex, quia Vicarius summi regis est, ad hoc constituitur, ut regnum & Populum Domini, & super omina SANCTAM ECCLE∣SI MREGAT ET DEFENDAT, &c. taken out of King Ed∣ward the Confessors Lawes, (which he established and ratified;)* so he reformed the Ecclesiasticall Lawes and Canons of the Church in and by a Common Coun∣cell, 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 Win∣chelsy Arch-Bishop of Canterbury: WILLIELMUS Rex Angliae DE COMMUNI CONCILIO, Archiepiscoporum Abbatum, & OM∣NIUM PROCERUM REGNI SUI, Leges Episcopales, quae non be∣rè, nec secundum Sanctorum Canonum praeceptae, fuerunt, sicut nec sunt his die∣bus, OBSERV AND AS IN CONCUSSE JUDICAVERIT, &c. And by this his rescript to Remigius Bishop of Lincolne, WILLIEL∣MUS, Gratia Dei,*&c. Sciatis vos omnes, & caeteri mei fideles, qui in Anglia∣manent, quod Episcopales leges, quae non berè, nec secundum Sanctorum Canonum praecepta, usque ad mea tempora, in regno Anglorum fuerunt, COMMUNI CONCILIO, et consilio Archiepiscoporum meorum, & caeterorum Episcopo∣rum & Abbatum, & OMNIUM PRINCIPUM REGNI MEI∣EMEND AND AS JUDICAVI. Proptereamando, & Regia autho∣ritate praecipio ut nullus Episcopus vel Archidiaconus, de legibus Episcopalibus am∣plius in HUNDRET placita toneant, &c.

[ 3] In thef Councell of Rhoan,* Anno 1073. William the Conqueror sate chiefe President. And decreed many things as well touching Ecclesiasticall Affaires, as the benefit of his new Kingdom of England, Among other things it was there decreed [Judicatum est praesidente Rege Anglorum Gulielmo: writes Matthew Westminster] the King himselfe being president, that Monkes who by force assaulted their Abbotts (as the Monkes of Andoem had assaulted, and slaine their Abbot at that time, whiles hee was saying Masse) in any Abbies, should there be thrust into prison for it, which before it seemes they could not be. This Councell was no other then a Parliament, diverse temporall Lawes, as well as Ecclesiasticall being enacted therein, and both ratified, approved by this King, g who (as Eadmerus stories of him)

would not so much as suffer the Arch-Bishop of Canterbury (Primate of all his Realme) when hee sate Presi∣dent in a generall Councell of Bishops assembled together, to decree, or pro∣hibite any thing, but such things as were suitable to his will, and had first been [ 4] ordained by himselfe.

In the Councell ofhLondon under Lanfranks,* An. 1075. Concessum est Re∣gia MUNIFICENTIA, Synodali authoritate, Episcopis, de villis transire ad Civitates: By the Kings Royall munificence and the authority of the Synod, li∣berty 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 removeall.

An. 1093. KingiWilliam Rufus assembled a Councell of his Bishops, Ab∣bots, Page  65 and Nobility of the whole Kingdome, that they might; By their common assent determiue and discusse, whether Anselme Archbishop of Canterbury could Keepe his faith to the King, or not, saving that faith, reverence and obedience which he owed to the Apostolike See of Rome, which he would by no means vio∣late? (A weighty question surely of a loyall Prelate;) The Bishops, Abbots, and Nobility of the whole Kingdome almost, Ex Regia Sanctione, assembled at Ro∣chingham Castle, on the fifth day of March at one a Clocke in the afternoone, to debate this businesse; but the King commanded all things to be adjourned till the morrow, Quia Dies Dominica erat, because it was the Lords Day: an unmeet time to discusse such a businesse as this was. On the morrow, in medio Procorum & conglobatae multitudinis, eos & assistentem Monachorum, Clericorum, LAICO∣RUM numerosam multitudinem, sic loquitur, &c. Lo here the Nobles, Commons, as well as the Bishops, Abbots and Clergie assembled in a Councell (to wit a Parliament) to determine a case of conscience, and that at Anselms request. This matter being long debated, and Anselme continuing refractory, the busines was defeted till after Whitsuntide.

In the Councell of London under Lanfranke summoned by King William Ru∣fus, [ 6] Anno 1095. Ʋlstan Bishop of Worcester was deprived of his Bishopricke by the Kings sentence and verdict, quasi homo idiota, &c. Ipso rege consentiente & hoc dictante decernitur deponendus, saithkMatthew Paris, the King sitting chiefe president in it. [ 7]

In the Councelll of London Anno 1102. under Anselme, the King and his Nobles were present as well as the Bishops and Ahbots, that whatsoever was therein decreed, might be approved ratified and observed by the unanimous care and solicitud of both orders: For soit was necessary, A plain testimony that the Councells of England in antient times were no other but Parliaments, and that their Canons ound not any, unlesse confirmed by King and Parliament, At this Councell (write Wil. Malmesbury & Eadmerus) Anselme the Archbishop request∣ing it of the King, Primates Regni, the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE OR∣DINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SER∣VARETVR, SJC ENIM NECSSE ERAT, quum multis retre annis Synodali cultura cessante, viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat, which they thus preface out of Anselmes owne Copy and relation.

Annom 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 Councell held at Westminster, therewere 26. Canons compiled, some against Priests ma∣riage and Wives, which when Giraldns Archbishop of Yorks, enjoyned his Clergie to observe; all the Clergie of his Province refused to submit to them, be∣ing unwilling to part with their Wives, or to vow Chastity as some of those Canons enjoyned them: to the execution whereof, the great discord betweene the King and Anselme concerning the investitures of Bishops, being an obstacle, produced to this effect. Necanones hujus Synodi legum vim ac potestatem sortiren∣tur Page  66 That those Canons should not obtaine the force and power of Lawes.

[ 9] Anno. 1107. anothern Councell was held under Anselme in King Henry the first his owne Palace, in which Councell The King assented and enacted, that from thenceforth no man should be invested into any Bishoprick or Abbie of England by the King or any Layman, by giving him a pastorall staffe, or a Ring. Proceres Regni, the Peeres of the Realme (writes Eadmerus) were called to this Councell, and the King assented to and ratified this Act, Astante multitu∣dine, ac per Consilium Anselmi et Procerum Regni, the Commons standing by him, by the Councell of Aselme, and of the great men of the Realme. This Coun∣cell then was a Parliament, and this Canon assented to, both by the Commons, Peeres, and King, o make it valid.

[ 10] Not long after this KingoHenry the first summoned another Councell about Easter, ad Curiam suam apud Londoniam cunctis Majoribus Regni, having assem∣bled to his Court at London, not only his Archbishops and Bishops, but all the great men of his Kingdome, to suppresse the Marriages of Priests, contrary to the Canons of the Councell of London. Anno 1102. For the extirpation of which evill, the King Regali authoritate atque; potentia fultos roboravit, by his royall Authority and power ratified those Canons, and thereupon Anselmo Archbishop of Canterbury, Thomas elect Archbishop of Yorke, and all the Bi∣shops of England, Decreed in the presence of the said Glorious King Henry, As∣sensu omnium Baronum suorum, with the assent of all his Barons, that Priests and Deacons should live chastly and keepe no Women in their Houses; but those who were of their neare kindred, as the Councell of Nice had defined; this Canon being ratified both by the King and Peeres in Parliament to make it ob∣ligatory. In these three Councells under Archbishop Anselme (a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction) we see the King and great men of the Realme were present, and ratified the Decrees and Canons therein concluded to make them valid and binding.

Anno 1114p King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court, whereupon a rumour was spred over all the Land, that the Archbishop of Canterbury was about to cele∣brate a generall Councell (in presence of the Popes Legate) and that he would promulge some new things, worthy so great a Councell, for the reformation of Christian Religion in every order: On the sixteenth of October they all met to∣gether in the Kings Pallace at Westminster, where the multitude which assembled together, at last perceived, that the tumour of celebrating a Councell, and of the [ 11] reformation of Christianity was nothing so. There Anselme in the behalfe of the Pope, brought a letter directed from him to the King and Bishops, wherein hee taxeth the King for conferring Bishopricks (claiming that right, as belonging to Peters See,) for determining Ecclesiasticall matters, and the affaires of Bishops, without his or his Legats privity, which belong only to the Apostolike, Sea; for stopping appeales to Rome, as also for calling and keeping Synodall Councells without his privity, when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops, that* no Councells ought to be summoned or kept without the privity of the Bishop of Rome: and for translating Bishops Page  67 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 justifie his proceedings herein, as warranted by his Royall Prerogative.

The sameq yeare upon the thirteenth of Aprill, there was an Assembly [ 12] held at Salisbury,* of the Bishops, Abbots, and great men of all England, the Kings Writ compelling them to appeare there: where the King appointed William his sonne, lawfully begotten, to be heire to the Crowne, to which all the Nobles condescended, and presently tooke 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 conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception: Inr August following one Anselm the Archbish. of Canterburyes kinsman came from Rome to King Henry, being then in Normandie, bringing the Popes Letters, which au∣thorized him to exercise the Office of the Popes Legate, here in England: which in a short time being knowne in the Kingdome of England, the Bishops, Ab∣bots, and Nobles admiring at it, assembled together at London about it, and certaine other things, (the Queen being present) to discusse the matter, Communi Concilio, in a common Councell: whereupon they all accorded, to send the Archbishop of Canterbury, whom it most concerned, to the King, to acquaint him with the ancient custome of the Kingdome, and the liberty thereof; and if he thought fit, that he should goe likewise to Rome to annihilate This No∣velty. Who comming accordingly to the King, found Anselme 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 Customes of England, kept him from entring into England, & that not without presidents: For in the first yeare of this Kings RaignesGuido Archbishop of Vienna came into England, having (as he said) the power Legatine of all England, by the precept and authoritie of the Apostolicall See: which being heard of throughout England, was admired by all men, all knowing, that it was a thing unheard of in Britaine, that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes. Wherefore as he came, so he returned,* being received as a Legate by no man, nor exercising the Office of a Legate, in any thing.t After this, one Peter having obtained from the Pope a power Legatine over England, Ireland, France, and the Iland of the Orcades, at the same hereof all England was astonished; the King sent the Bishop of Saint Davids, and another Clergie man beyond Sea to con∣duct him to him, enjoyning them, that after his entrance into England, they should not suffer him to enter into any Churches or Monasteries to lodge or eate: Being brought to the King, and honourably received by him, having de∣clared the cause of his comming, the King answered him, that hee had now no leasure to minde so great a businesse, and that his Legatine power could not

be established, and ratified but by the connivance and assent of the Bishops Abbots, Nobles and the Assembly of the whole Kingdome in Parliament: more∣over hee affirmed, that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉Page  68 lived; whereof this was one of the chiefest and greatest, that hee made the kingdome of England free from all Legatine power. Whereunto Peter affen∣ted, and promised to doe his endeavour to have this priviledge preserved, and augmented:
And so being gratified with rich presents, Ille qui Legati officio fungi in toto Britania venerat, nimirum, ab omni officio tali, cum ingenti Pompa, va qua venerat extra Angliam, a Rege missus est; writes Eadmerus of him by way of derision. So little jurisdiction had the Popes Legates here in England [ 13] in those dayes,* who became an intollerable vexation, oppression to it in succeed∣ing Ages, in the Reignes of King John, Henry the third, and others.

In the Councell of Westminster under Iohn 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, Cum∣inumera Cleri & Populi multitudine, with an innumerable multitude of the Cler∣gie and people, who were present at it: as the Continueru of Florentius Wi∣gorniensis 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; Iohn de Crema there alleaging. That it was an un∣seemely thing for a Priest to rise up from the side of an Harlot (so hee called Priests wives) and to goe and to make the body of Christ. The Priests being much incensed at these Constitutions, and very angry with this Legate the chiefe Au∣thor of them, knowing him to be a leacherous companion, watched him so nar∣rowly, that the very same night these Canons were ratified, though himselfe had that very day consecrated the Sacrament, and so made the body of his Saviour (as hee thought) they tooke him in bedde with a notable Where. In ex∣cuse of which falt of his (which was very publike and notorious) he said, that hee himselfe was no Priest, but a corrector of Priests, (hee might better have allead∣ged, if his owne reason were good, that hee did it after hee had consecrated and made Christs body, not before it:) and so he departed privily 〈◊〉 of England with shame, the Priests by this meanes keeping their Wives for a time, alleaging that it was better for them to lye with their own Wives, then with Wheres, or other mens, as this lecherous Legate did.

In the yeare of our Lord 1127.yWilliam Archbishop of Canterbury, by King Henry the first his assent, called a Councell 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, somethings 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] Councell it selfe by the consent of the Bishops, At they were there publikely Re∣cited and received: I thought good (saith he) to note in this manner: Then he reites the Canons and constitutions of this Councell, and conclude thus: Auditis Con∣cilii gestis consensum prebuit, authoritate Regia et potestatate conceffit et confirmavit Stata Concili, &c. Having heard the Acts of the Councel read the K. assented to Page  69 them, and by his regall authority and power passed and confirmed the statuts. (or Canons) of the Councell; celebrated by William Archbishop of Canterbury, and Legate of the holy Church of Rome, at VVestminster. [ 15]

Anno 1138. King Stephen on the fourth of Aprill held a Councell at Nor∣thampton,z in which urstlain Archbishop of Yorke was Prefident, the Prelats, Abbotts, Earles, Barons, and all the Nobility of England, being present at it, The Bishoprick of Exeter then voyd by the death of William Warwast, one Ro∣bert an Arch-deacon was elected Bishop of that See, by the consent and suffrage of the Councell, which likewise nominated and chose two Monks to be Abbotts of VVincelcombe, and of Saint Maries in Yorke, being then vacant.

The same yeare there was a Councell held ataLondon, wherein, Theobald was [ 16] chosen Arch-bishop of Canterbury, Annuente Rege, by the Kings consent.

Anno 1139. There was a Councell kept atbVVinchester under Henry Bishop of VVinchester, the Kings Brother and Legate to the Pope, where Theo∣bald Archbishop of Canterbury and all the Bishops there present, ad pedes Re∣gis devoluti sunt, &c. cast themselves downe at the Kings feet, most devoutly [ 17] and earn estly beseeching him,

to restore Roger Bishop of Salisbury and Alex∣ander Bishop of Lincolne to their possessions; and they would willingly pardon all the injuries the King had done them.
But the King despising the venerable supplication of so many great Prelates, suffered them to obtaine no part of their request.

Incthe yeare of our Lord 1142. VVilliam Bishop of Lincolne, as some re∣cord [ 18] or, VVilliam, or Henry Bishop of VVinchester as others calhim, held a Coun∣cell 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 Nubri∣gensis) Concilio Benigne interfuit, et favoris Regij Suffragium non negavit, was graciously present at the Councell, and denied not the suffrage ohis royall savor to its constitutions; which without his confirmation had beene of no validitle. By vertue of which constitution ratified in this mannerd If any laid violent hands on a Priest or Religious Person, he might sue in the Spirituall Court to have him excommunicated, and doe penance for it, but not for dammages, and no Prohi∣bition could legally be granted to stay the proceedings there.

Annoe 1152. There was a Synod held at London under Theobald Archbi∣shop of Canterbury. In which King Stephen with Eustace his Sonne 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 doe 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 feare and terror which they could not doe by authority and favour, And soe most of them were reduced to the Kings becke. But Theobald the Archibishop [ 19] departing privity and most craftily out of the Synod, carried through the Thames in a Boate 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 againe with others, and confiscated all his goods.

Page  70 [ 20] Anno 1159. There was a greatf Scisme at Rome betweene Pope Alexan∣der and Victor, concerning the Papacie, hereupon Frederick the Emperor assem∣bled by his Writ the Bishops of Italie and Germanie together to Papia, to

Councell, where the Emperor, his Dukes and Captaines were present: who sway∣ing the Councell, Victor, to whom the Emperor inclined, was elected and decla∣red to be the true Pope, and successor of Peter, and sentence given against Alex∣ander by a Generall decree, as against a Scismaticke and rebell to God. Amplex∣us est Imperator cum omni frequentia Ducum et Procerum acta Concilij, panam non recipientibus comminatus, writes Neubrigensis. After which the Emperor solicited the illustrious Kings of France and England, by all meanes he could, that to perpetuate mutuall amity, they would consent to him in this; they be∣ing inclined hereto, cautelously suspended their sentence untill they should more fully know the truth of so doubtfull a businesse, and thereupon they also called a famous Councell of Bishops and Nobles, out of both their Kingdomes in a fitting time and place, where the businesse was fully debated by Guido Cremen∣sis on Victors part, and by Gulielmus Papiensis on Alexanders side; In conspectu Regum, & Praesulum, coram universa quae convenerat multitudine cleri et opu∣li: In the presence of the Kings and Prelats, and before all the multitude of the Clergy and People there assembled; where Papiensis pleaded Alexanders cause so well, and answered, retorted what ever the opposite partie had alleaged soe substantially, Vt neuter ulterius Princeps cunctaretur, repudiata parte Octaviani Dominum Alexandrum recipere, et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt, tanquam Patri parere. The forenamed Schismatickes, therefore depar∣ting with confusion and shame, Our Princes and Prelates (Principes et Ponti∣fices) having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod. Loe here both the Emperor, the Kings of England and France, with their Nobles as well as Prelates, present in a seve∣rall Councells, directing and determining this great controversie in them who was Peters rightfull successor? ratefying and receiving him for Pope whom they conceived in their indifferent Judgments, to have the best title; yea, the Laity had here their voyces as well as the Clergy; & consented to the de∣crees of both Councells, So when there was a former Schisme between Clement & Vrban, concerning the Title of the Papacie,gVVilliam Rufus enquiring who had the best right, commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions, eique vice beati Petri, IN CHRISTIANA RELIGIONE (not in any temporall affaires) obedire:
claiming this as a hpart of his prerogative royall that none should acknowledge or receive any man, for Pope or Peters successor within his Kingdome, but by his election and authority, and him whom he should declare to be the man, accounting him no lesse then a Trai∣tor that should deprive him of this right, which his Ancestors claimed and enjoyed.

[ 21] An. 1170. at thei request of King Hen: the 2d. two Cardinalls, Albert, and Theodine were sent into France from Rome, who having called a great Assem∣bly of Ecclesiasticall persons and Noblemen within the Teritorries of the King, of England, they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury, which purgation the King there made, and submitted himselfe naked to Ecclesiasticall discipline.

Page  71Anno 1175.kRichard Archbishop of Canterbury kept a great Councell [ 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 Sonne, and the Bishops and Abbots; Richard Archbishop of Canterbury standing in an high place, promulged certaine Decrees & Canons, concerning Clergy-men, the Eucharist, Tythes (recorded by Hoveden) to be firmely 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 Councels. [ 23]

In the same yearel King Henry the Father called another Councell at Windesore eight dayes after Michaelmas;*Praesentibus Rege & Filio, the King and his Sonne 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 Councell (being a meer Parliament) there was a generall Concord made between King Henry the second, and Rodericke King of Conact in Ireland, and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman, whom he sent to Donatus Archbishop of Cassels to be Consecrated.

Anno 1176.m King Henry the second assembled and held a great Coun∣cell [ 24] at Nottingham,* concerning the Statutes of his Kingdome, and before the King his Sonne, and the Archbishops, Bishops, Earles, and Barons of his Kingdom, communi omnium Concilio, by the common Councell of them all, he divided his Kingdome into sixe parts, through each of which he appointed three Iustices Itinerant, whom he caused to swear upon the holy Evangelists, that they should bona fide, and without any sinister intention keep, and cause the people of his Kingdom inviolably to observe the Articles of Assize, there renued and confirmed, recorded at large by Hoveden. To this Councell (by the Kings command) came William King of Scots, with all his Bishops, whom the King commanded by the fealty and Oath of Allegiance they had taken to him, to do the same subjection to the Church of England, which they ought to do, and were went to do in the times of his Predecessors. To whom they answered; that they never had made any subjection (or homage) to the Church of England, nor ought so to do,
To whichnRoger Archbishop of York replyed; That the Bishop of Glascow and of Candida Casa, or Whitterne, had in the time of his Predecessors been sub∣ject to the See of Yorke; and for proofe hereof, he shewed divers priviledges of the Bishops of Rome, which made it appeare. To which Jocelin Bishop of Glascow answered; That the Church of Glascow was a speciall Daughter of the Church of Rome, and exempt from all Archiepiscopall and Episcopall jurisdiction; and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time, it appeared that he deserved not to have any dominion over it for time to come. And because Richard Archbishop of Canterbury, endeavoured that the Church of Scotland should be subject to the Church of Canterbury, (such was his ambition then) he so crossed the King of England, That he permitted the Bishops of Scotland to return home, without making any subjection of themselves to the Church of England, as they had formerly done.

Page  72 [ 25] Anno 1176. Hugo Cardinaliso(Hoveden stiles him Hugozun) the Popes Legate by the Kings permission and asistance called a generall Councell at

London,* in the midst of Lent, where the Archbishops of Canterbury and York and all the Bishops and Abbots of England, with a great number of Clergie∣men assembling together; the Cardinall sate on an high throne in the Chap∣pell of the infirme Monkes of Westminster, and the Bishops and Abbots with him, every one in his place according to his order and dignity. But there arose a contention between the Archbishops of Canterbury and Yorke, which of them should sit at the right hand of the Cardinall; And when as the Arch∣bishop of Yorke would sit there, the Bishop of Canterburies servants rushed violently upon him, threw him down upon the ground, trampled on him with their feet, and brake his Miter: whereupon the Councel was dispersed, and the Cardinall flying to hide himselfe out of their sight, was so hindered, that he held no Councel.
Both sides made appeales to the Pope and complai∣ned to the King of the injuries done unto them. So Hoveden.pGulielmus Nubrigensis relates the story in these words,
When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Pro∣vinces of Canterbury and Yorke to London, to celebrate a Councell of all Eng∣land there; on the day appointed for the beginning of his Councell, when all having taken their Robes and ensignes, were about to go in Procession to it, there fell out a vehement contention between the Archbishops themselves about the priority of place in the Councell: For that rule of the Apostle (in honour preferring one another) was so abrogated by the Bishops of our time, that neglecting their Pastorall diligence and care, Bishops, by how much the more stubbornly, by so much also the more vainly contend about Praeceden∣cie, and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours. In conclusion, Yorke comming soonest, prae∣occupied the first seate; alleadging, that the same belonged to him by the ancient decree of Saint Gregory, by which it is known to bee enacted, that of the Metropolitans of England, he should be accounted the chiefe, who was first ordained.
But Canterbury having made a solemne complaint of the preoc∣cupying of his place, as if he suffered prejudice, refused the second seate. Where∣upon his subjects (or Clerkes of his Province) contending more fiercely for him, presently the simple contention of words, grew into a brauling. Yorke (the adverse party being stronger) was thrust with ignominy from the place he had so early taken, who exhibited his torne Myter to the Legate, as a signe of the injury offered to him, and cited Canterbury to the Apostolicall See. The Metropolitans therefore thus contending, and things thus disturbed, the Coun∣cell was not celebrated, but dissipated, and they who had assembled as called forth to a Councell, returned to their own homes.qMatthew Parker in his Antiquitates Ecclesiae Britannicae, out of Gervasins and Radulphus de Duceto, relates the story in these words:
A Legate called Flugonius came into Eng∣land from the Pope, at King Henry the seconds request, that hee might both separate Queene Eleaner from him by a Divorce, and comprimise the Controversie between the Archbishops of Canterbury and Yorke, touching Page  73 the precedency which had continued for many successions of Bishops, and been oft times determined, but never finally ended till the Statute of 31 Hen. 8. cap. 10. such was the pride and ambition of these Arch-Prelates, whose more than civill contentions, for superiority our Historians have at large recorded to their infamy.) This Legate assembled a Councell at Westminster in the Church of the infirme Monkes; whither the Clergie of both Provin∣ces plentifully assembled, and when the day of beginning the Councell was come, the Legate sitting on an high Throne, gave the right hand to the Archbishop of Canterbury. But Yorke hoping that the King would bee more propitious to him than to Canterbury, refused the left hand, and striving most impudently with his breech, to sit between the Legate and Canterbury, at last sate downe in the lap of his Primate. He had scarcee, touched Canterbury with his breech with which he strove to get the second place but he was shamefully reprehended both by many Bishops, and also by many Clerkes and Laymen. The Archbishop of Canterburies servants provoked with the indignity of this wicked fact, and the vehemencie of the just reproofe, pulling York out of their Lords bosome, and throwing him down on the ground, trampled him un∣der their feet, and his Archiepiscopall Robes being most shamefully pulled off and torne, they buffeted him with their fists. But Canterbury, when as he could not call away nor hold off his servants, enraged with so great anger, departed out of the Councell, that at least hee might draw them away with him by his departure.

The servants following their Master left Yorke lying prostrate on the ground environed with his torne Garments, At last Yorke fetching many deep and frequent sighes ariseth halfe dead, and goeth all bloody to the King, who with his son was present in the Councell (the thing for which I principally relate the storie) and makes his complaint against Canterbury. The King ha∣ving received Yorks relation only, was at first in censed against Canterbury, but afterwards, the truth of his owne rashnesse and impudency being manifested, he dismissed Yorke, who departed from the King with disgrace, the most reviling him with clamors; go go (said they) thou betrayer of Saint Thomas; thy hands doe yet stinke with blood. But he, poore wretch, did now welter in his owne, not Thomas his blood. Hugocius among these tumults perplexed with feare, having pronoun∣ced a blessing, sodainly dissolved so unluckie a Councell, and appealled Canter∣bury to the Pope, as guilty of this battery: Yorke also did the like. At last Canter∣bury least he should be overwhelmed with appeales on both sides, submitted himselfe and his servants to the Popes protection, by appealing both the Legate and Yorke to Rome: so all equally appealed. But the next day Canterbury (who knew the manner of the Pontificians) pacified the Legate with gifts, and they thus reconciled, remitted their Appeales on both sides. Afterwards the Arch∣bishop of Cant. and Geoffry of Ely; were againe accused by the Bishop of York before the King, that in the Councell of Westminster they had laid violent hands on him; which when they had denyed and purged themselves upon Oath, they were reconciled by the Kings command; and by him a truce for five yeares was made between Canterbury and Yorke, who promised betweene themselves upon Page  74 Oath, that they would firmely stand to the Arbiterment of the Bishops of Normandy and France, as well concerning this battery, as all other controversies depending between them; And so this fray and Councell ended; wherein you see the King, Prince, and Laymen were present, it being in truth a Parliament accompanied with a Convocation.

[ 26] Anno 1226. there wass a Synod held at London under Otho the Popes Legate where the King, with the Clergy. & Magnatibus Regni, and the great men of the Kingdome assembled, with many Bishops, Priests, & Lacorum Turbis and Troops of Laymen: when they were all assembled. Otho read the Popes let∣ters to them before them all, in which the Pope alleaged, that it was a most an∣cient scandall and reproach to the Church of Rome, that she was branded for co∣veteousnesse the roote of all evill, and in this especially, that no men could ex∣pedite any businesse in the Court of Rome, unlesse by disbursing great summes of money, and giving store of gifts; but because the poverty of the Church of Rome was the cause of this scandall and infamy, her naturall sons ought to relieve the want of their Mother; for unlesse 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 roote out this scandall, by the Councell of our Brethren, the Cardinalls of the holy Church of Rome, we have provided a certaine forme, to which if you will consent, you may free your Mother from scandall, and obtaine Justice in the Court of Rome without giving any bribes. Now the forme provided is this; First of all, we desire two Prebends to be given us by all Cathedrall Churches, and out of Abbies, where the Monkes and Abbots have divers portions, of each one Monkes intire 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 An∣swere by Iohn Archdeacon of Bedford; That those things he had propounded to them did specially concerne 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 infirmitie, 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 Iohn 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 obliege their lay Fee to the Church of Rome, whereby he might be deprived of the servi∣ces [ 27] due unto him. And so all returned to their owne home.

The same yeare, there was another Councell assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter;t To which the King conferring a part with some of the Nobles and Bishops, gave this An∣swer, that these things concern all Christendom, & because we are placed in the remotest parts of the world, when we shall see what other Kingdomes will say to these exactions, and shall have an example from them, the Pope shall finde us more ready to obey him. And so this Councell brake up. By both which presi∣dents, it is evident, that Councells in those dayes were no other but Parliaments, Page  75 the King, Nobles, and Commons being present in them, and that the Clergy a∣lone could treat or conclude of nothing but by their concurring assents.

Anno 1231. There was a great Synod ofvAbbotts, Priors, Archdeacons with [ 28] almost the whole Nobility,* Masters and Clerks of the Realme, assembled at Saint Albans by the Popes Command, to celebrate a divorse betweene the Countesse of Essex and her Husband, if there were cause: This divorse was but an Eccle∣siasticall matte as the Canonists deemed it, yet both King, Nobles, and Com∣mons, as well as Abbots and Clergy-men were present at it, and called to it by the Popes command.

In the yeare of our Lord 1236.x there was a Councell of all the great men, [ 29] Prelates and Clergie of the Realme summoned to meet at London by King Hen∣ry the third,* under Othe the Popes Legate, which being assembled together at Paules, the second day thereof the King sent John Earle of Lincolne, Iohn the son of Jeffery, and William de Reele a Canon of Paules, to inhibit the Legate in the behalfe of the King and Kingdome, that he should not there Attempt or de∣cree any thing against his Royall Crowne, and dignity. William Reele remained there to see this inhibition observed, the others departed. The next day fo∣lowing, the Legate supported with divine assistance & astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present, to con∣serve and reforme the State Ecclesiasticall in the parts of England, besides other Canonicall institutions promulged certaine Canons digested into Chapters and Articles, which Edmond Archbishop of Canterbury, with divers others who departed from the Councell with little joy, resolved to nullifie and revoke, (as not confirmed by the King the Lords and Commons for ought appeares) which Otho understanding, writ to the Pope to ratifie them, who accordingly did it by his decretall Epistle.

Anno 1288.*y John Peckam Archbishop of Canterbury held a Provinciall [ 30] Councell 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 Ecclesiasticall, to rescinde all Royall Prohibitions in suites depending in the Ecclesiasticall Court for goods and Chattels, and to inhibitu that Ecclesiasticall Judges should be thenceforth prohibited to proceed in them. But the King hearing of this designe, sent certain selected messengers both to the Archbishop and the whole Councell, commanding them with threats to resist, whence it came to passe, [ 31] that the Archbishop wholy receeded from his presumption,* and the Councell being dissolved, all the Prelates returned frustrate of their hope.

31. An. 1296.z Robert Winchelsee Archbishop of Canterbury held a Provinciall Councell 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 payed to Kings with∣out the Popes privity and consent. A right loyall Constitution worthy Pre∣lates. The King having then called a Parliament to re-inburse his monyes spent in the Scottish Wars; had a large Subsidie granted him by the Commons and Burgesses: But the Clergy neither offered, nor granted him any thing by reason of this their Constitution; for confirmation whereof, the Archbishop had gotten Page  76 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 mens Barnes, which were full of corne, to be sealed up with publike Seales; which whiles his Officers were executing, the Archbishop commanded the Popes decree to be published in Cathedrall Churches; inhibiting under pain of Excommunication, that no Tribute or ayd should be payd to the King, or to any secular Prince out of Ecclesiasticall livings or revenues (an high straine of Papall usurpation and pre∣sumption:) and when he and his Suffragans met in Pauls, they resolved to stand to their former Constitution, and to grant the King nothing. (Such dutifull good Subjects were these lordly Prelates.) Whereupon the King sending messengers to them, to demand a supply from them, they all returne him this answer; It is suffi∣ciently known that under God the Lord of all we have two Lords; a spirituall, the Pope our Lord, and a temporall the King our Soveraigne: and though we are bound to obey both, yet we ought to obey our spirituall Lord more than our temporall. And therefore we intend to send a Legate to the Pope, that his leave first obtained, wee may give the King what he desires of us. The King receiving this answer, tooke it very disdainfully, that he should be thus mocked in his own Kingdome by the Pope and his Clergie; and thereupona thrust the Clergie out of the Parlia∣ment, and held a Councell with his Barons and Commons alone, and presently put all the Clergie 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 Clergie but the Archbishop, were content to offer the King the fith part of their Ecclesiasticall goods, and the Archbishop persisting in his obstinacy, had all his temporalities, goods, Chattels seised into the Kings hands: Who yet would not yeeld, but pronounced them all excommunicate, who disobeyed the former consti∣tution, which being made onely by the Clergy, and not ratified by King and Parlia∣ment, was held but a meere idle nullity, and audacious disobedient attempt, obliging neither King nor subject.

[ 32] Anno 1418.b A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury:* Where upon the motion of Robert Guil∣bert President of Merton Colledge in Oxford, and of Thomas Kington, it was decreed;

That the Patrons of Ecclesiasticall benefices when they fell voyd, should conferre them upon such who were Graduates in the Universities, ha∣ving a respect of their degree and profession, according to the value of the living. This Constitution being propounded in the Congregation in the U∣niversity to be there ratified, the Masters of Arts, Monks and Professors, who exceeded the Regents of the University in multitude, rejected and refused it, but K. Henry the fifth being addicted to learning. An. 1420. writ to the Synod then assembled at London, (wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received, though the Maisters of Art had refused to receive it) to passe the Decree (which some Friars there op∣posed,) Judge in Parliamento postea confirmavit, and he afterwards confirmed the same in Parliament.
Loe here a Constitution first made in a Synod or Convocation rejected in both Ʋniversities, because not then confirmed by the Page  77 King in Parliament, to make it binding and efficatious for future times: a most pregnant evidence for proofe of that I now contend for. To cite more pre∣sidents of this nature in former ages, would be more tedious than necessary in so plaine a case; I shall therefore passe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires.

As high as we have any Acts of Parliament since the Conquest remaining on Record, We finde all Ecclesiasticall matters, and Church affaires setled, and ratified by speciall Acts of Parliament only, not by the Clergies Canons.

The great Charter of England, firstc granted by King Henry the first,* rati∣fied afterwards at Runing-Mead by King John, revived by King Henry the third in the ninth yeare of his Raigne, (confirmed frequently by him afterwards; by King Edward the first, in the 28th yeare of his Raigne, yea, by all or most of his successors, in speciall Acts of Parliament, by the Petition of Right: 3. Caroli;) begins thus,

Know yee, that we to the honour of Almighty God, and for the salvation of the Soules of our Progenitors, and Successors Kings of England, to the advancement of holy Church, &c. First, We have gran∣ted to God, and by this our present Charter have confirmed for Vs, and our Heires for ever more; that the Church of England shall be free, and have all her rights and liberties inviolable:
And that all her elections shall bee free, &c.

An. 1164. In February there was ad Parliament held at Clarindon, by King Henry the 2d. his command, who was there present; where all the Arch∣bishops, Bishops, Abbotts, Priors, Earles, Barons, Nobles, and great men of the Realm, made a Recognition or Recerd of part of the Customes and Liber∣ties 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 dis∣sention, and discords frequently emerging betweene the Clergy, and the Kings Iustices, and great men of the Realme: the substance whereof was conteined in these 16. Chapters recorded by Matthew Paris.

1. That if any controversie concerning the advowson and presentation of Churches should arise betweene Laymen, or betweene Laymen and Clergie men, it should bee heard and determined in the Court of our Lord the King.

2. That the Churches of the Fee of our Lord the King, could not bee gi∣ven in perpetuity (or appropiated) without his grant or concession.

3. That Clergiemen accused of any thing, being summoned by the Kings Iustice, should come into the Kings Court to answer the same there; that so the Kings Court might determine what was to bee answered there and what fit to be answered in the Ecclesiasticall Court; that so the Iustice might send into the Court of holy Church, to see how the matter shall there be handled; And if the Clarke shall be convict, or confesse the crime, that the Church from thenceforth ought not to protect him.

4. That it shall not be lawfull to the Archbishops, Bishops, and persons of the Realme to goe out of the Realme, without the Licence of our Lord the King; and if they shall goe thence, if it shall please the King, they shall give Page  78 him security, that neither in going nor in returning, nor in staying, they shall procure hurt or dammage to our Lord the King or the Realme.

5. That excommunicate persons ought not to give a pledge to remaine, (vadium ad remanentiam) nor to take an Oath, but onely to give a surety or pledge of standing to the judgment of the Church, where they are absolved.

6. That Laymen ought not to be accused, but by lawfull accusers & witnesses, in the presence of the Bishop, that the Arch-Deacon may not lose his right, nor any thing that he ought to have from thence. And if those who are accu∣sed shall be such that no man will or dares to accuse, the Sheriffe being requi∣red by the Bishop, shall sweare twelve lawfull men of the Vicenage or Town, before the Bishop, that they shall manifest the truth (concerning such) according to their Consciences.

7. No man who holds of the King in Capite, nor any of his Dominicall Ministers (or house-hold servants) shall be excommunicated, nor the Lands of any one of them put under interdict, unlesse our Lord the King (if he bee within the Realme) be first acquainted therewith, or his Iustice, if he shall be forth of the Realme: (the reason then rendred was, lest the King should at unawares Kisse or admit to his Councell such an excommunicate person resor∣ting to him,) that so he may doe right concerning him; and see that what ap∣pertaineth to the Kings Court, shall be there determined, and that what be∣longeth to the Ecclesiasticall Court may bee sent unto it, that it may be∣there descided.

8. Concerning appeales, if they shall happen, they ought to proceed from the Arch-Deacon to the Bishop, from the Bishop to the Archbishop; and if the Archbishop shall faile in exhibiting Iustice, they may appeale to our Lord the K. in the last place, and that by his precept the controversie may be ended in the Arch-Bishops Court, so that there ought to bee no further proceeding without the assent of our Lord the King.

10. If any be cited by the Arch-Deacon or Bishop for any offence, for which he ought to answer to them, and will not appeare upon their citations, it shall bee lawfull for them to put him under interdict, but they ought not to ex∣communicate him, till he be convented before the chiefe Officer of the King in that parish, that he may admonish him to appeare to give satisfaction, And if the Officer of the King shall faile therein he shall be in the Kings mercy, and from thenceforth the Bishop may with Ecclesiasticall Iustice curbe the par∣ty accused.

11. Archbishops, Bishops and all persons of the Realme, who hold of the King in Capite, may haue their possessions of the King as a Barony, and shall answer for them to the Justices and Ministers of the King, and shall follow, and doe all Royall Customes, and like other Barons, ought to bee present in judgments of the Kings Court, with the Barrons, untill it proceed to diminu∣tion of Members, or unto death.

12. When an Archbishopricke, Bishopricke, or Abbey, or Priory shall be∣come voyde in the Kings Dominion, it ought to be in his hands, and he shall receive all the rents and issues thereof as the Dominicall rents, And what shall come to the Church is to bee disposed of,
Our Lord the King ought to Page  79 commend the best persons to the Church, and the election ought to be made in the Kings owne Chappel by assent of the King himself, and advise of such persons of the Realme, which he shall call unto him to do these things; and there the person elected shall do his homage and fealty to the King, as to his Liege Lord, of life and members, and of terrene honour, saving his Order, before he shall be Consecrated.

13. If any of the Nobles of the Realme shall deny to do Iustice to any Archbishop, or Bishop, or Archdeacon concerning him or his, our Lord the King ought to do them Iustice. And if peradventure any shall deny to our Lord the King his right; the Archbishops, Bishops, and Archdeacons ought to admonish him, that he may satisfie the King.

14. The Church or Churchyard ought not to detain the Chattels of those who are in forfeiture of the King, against the Iustice of the King, because they are the Kings owne, whether they bee found within or without the Church.

15. Pleas of Debts which shalbe due either by interposition of an oath, or without oath, are in the Iustice of the King (that is, triable in the Kings temporall Courts.

16. The Sonnes of Peasants (or Villanies) ought not to bee ordained (Priests) without assent of the Lord, in whose land they are knowne to bee borne.

To this Recognition or Record of the Customs and Liberties of the Realm, the Archbishops, Bishops, Abbots, Priors, Clergy, with all the Earles, Barons, and Nobles swore, and firmly promised viva voce, in the word of truth, that they would keep and observe it to our Lord the King and to his Heirs, bona fide and without male engin for ever. His itaque gestis, potestas Laica in res & personas Ecclesiasticas, omnia pro libitu, Ecclesiastico jure contempto, tacentibus aut vix murmur antibus Episcopis, potius quam resistentibus, usurpabat; writes Matthew Paris. Whereupon Thomas Becket then Archbishop of Canterbury, repenting of his oath to observe them, humbled and afflicted himselfe exceed∣ingly with fasting and corporall pennace, yea he suspended himself from the of∣fice of the Altar, untill the Pope absolved him from his pretended offence and oath, which he readily obtained: After which Becket resusing to conforme himselfe to the King and these Lawes he had sworne to, departs secretly with∣out the Kings license into Flanders, and from thence repaired to Pope Alex∣ander at Sennes, who curteously entertained him; and refused the demands of the Kings Embassadours, to do him justice against Becket, or to confirme these Lawes and ancient Customs of the Realm. Whereupon the King sent this ensuing Writ to every Sheriffe of England,* Praecipio tibi, quod si aliquis Clericus vel Laicus in Baliva tua, Romanam curiam appellaverit, eum capias, & firmiter teneas, donec voluntatem meam praecipiam, & omnes reditus Clericorum Archiepiscopi & possessiones saiseas in manum meam. Et omnium Clericorum qui cum Archiepiscopo sunt, Patres, Matres, Fratres, & Sorores; Nepotes & Neptes, pones per salvos plegios, & catalla eorum, donec voluntatem meam inde praecipiam. Et hoc Breve tecum afferas, cum summonitus fueris Gilberto quo∣que Page  80 que Londonensi Episcopo scripsit in haec verba. Nosti quam malè Thomas Cantua∣riensis Archiepiscopus operatus est adversum mo & regnum meum, & quam malè recesserit; Et ideo mando tibi quod Clerici sui, qui detraxerunt honori meo & regni, qui circapsum fuerunt, post fugam suam, non percipiant aliquid de rediti∣bus suis quos habuerunt in Episcopatu tuo, nisi per me, nec habeant aliquod auxili∣um vel consilium ate, Item Justitiariis suis significavit per literas sub hac for∣ma. Si quis inventus fuerit ferens literas Domini Papae vel mandatum, aut Tho∣mae Archiepiscopt, continens interdictum Christianitatis in Anglia, capiatur & retinetur, donec inde voluntatem meam praecipiam; Item, nullus Clericus, Mo∣nachus, Canonicus vel conversus, vel alicujus religionis transfretare permittatur, nisi habeat Literas de reditu suo, Justitiarii vel nostras: Si quis aliter inventus fuerit, capiatur & retineatur, Nullus appellet ad Papam, neque ad Thomam Ar∣chiepiscopum, neque aliquod placitum ex eorum mandato teneatur, neque aliquod mandatum eorum in Anglia recipiatur, & si quis tenuexit, vel receperit, vel tra∣ctaverit, capiatur & retineatur; Si Episcopi, Abbates, Clerici, vel Laici sententi∣am 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, redi∣tus eorum in manu nostra saisiantur. Episcopt Londoniensis & Norioensis summone∣antur, quod sint eoram Justiciariis Nostris ad rectum faciendum, quod contra Sta∣tuta Regni, interdixerunt terram Hugonis Comitis, & in ipsum sententiam Ana∣thematis intulerunt Denarii beati Petri colligantur, & serventur, quousque inde vobis Dominus Rex voluntatem suam praeceperit, Ecclesiam praeterea Cantuari∣ensem, & 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 haere∣ticis, schismatieis & perfidis Judaeis, prohibitum est a Rege, ne quis Archiepisco∣pum, orationum suffragiis adjuvaret. Such Ecclesiasticall jurisdiction did the King then exercise.

To what an unfortunate end this opposition brought this Archbishop Bec∣ket, our Historians at large record, and I havef else-where manifested.

In King Henry the 3. his Raign,* I finde these severall printed Acts of Par∣liament made concerning the Church, Bishops, Abbots, Clergymen, and Eccle∣siasticall affaires, which you may peruse at pleasure. 9. H. 3. c. 1. 5. 18. 31. 33. 36, 37. The Charter of the Forrest, 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris.

In King Edward the first his Raigne there were these Acts to like purpose.* 3 E. 1. (which begins with this Prologue, Because our Soveragine Lord the King had given power to redresse the State of the Realme, &c. for the common profit of holy Church, and of the Realme. And because the State of holy Church hath ever been kept, &c.) c. 1, 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of 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. Iurisdiction 28. Page  81 it be adjudged none.) The Statute upon the Writ of Consultation: 24 Ed. 1. The confirmation of the Charters of the Liberties of England. 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons. The Statute of Carlisle 25. E. 1. (See Cookes 5. Report of the Kings Ecclesiasticall Law, f. 13.) 34. E. 1. c. 6.

In King Edward the seconds dayes,* I meet with the Statute of Aticuli Cleri. 19 E. 2. which wholly concernes the Clergy, their Courts, Tythes, Rights. The Statute de Prerogativa Regis c. 1. 8. 10. 14, 15. and Articles against the Kings Prohibition.

In King Edward the third his Regency,* I finde very many Statutes concer∣ning the Clergie, and all kinde of Church affaires; as namely, 1 E. 3. Stat, 2. c. 10, 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat. 1. c. 1. 17. and stat. 3 made for the Clergy, the Prologue, and c. 1, 2, 3, 4, 5. 15 E. 3. stat. 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat. 3. for the Clergie, c. 1, 2, 3, 4, 5, 6, 7. 23 E. 3. c. 8. 25 E. 3. stat. 3! for the Clergie, c. 1, 2, 3, 4, 5, 6, 7, 8. 25 E. 3. stat. 6. of Provisions, 27 E. 3. stat. 1. c. 1. of Provisions. 28 E. 3. c. 14. 31 E. 3. stat. 1. c. 4. 11. 13, 14. 36 E. 3. c. 8, concerning Priests Salaries &c. 38 E. 3. stat. 2. against provisors and Appeales to Rome, c. 1, 2, 3, 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4, 5. To which I shall adde only this observation, That the prologues to the statutes of 1 E. 3. stat. 2. 2 E. 3 stat. 3. 28 E. 3. 38 E. 3. stat. 1. and 50 E. 3. with others, begin thus. To the honour of God, and of HOLY CHVRCH, and redresse of the oppressions of the people, &c. these ensuing Acts were made & granted: to testifie, that even in those dayes our Parliaments first began with matters of God and the Church, and settled them by Lawes as there was occasion, and then pro∣ceeded to temporall matters and grievances: the very Statute of Magna Charta, having the same prologue wherein you may discerne this method pur∣sued, and in most subsequent Parliaments. I shall adde to these printed Acts 6 E. 3. num. 5. prohibiting Bishops to meddle in matters of the peace. 45 E. 3. num. 15. removing Bishops from all temporall Offices, 50 E. 3. num. 99. 103. complaining against popish Cardinals. 40 E. 3. num. 7, 8. a notable Record against the Popes claime to the Kingdome of England, by vertue of K. Johns grant. 17 E. 3. num. 59, 60. 18 E. 3. num. 59, 60. 38 E. 3. num. 7. 50 E. 3. num. 85. 87, 88. complaining against, yea restraining the Popes exactions and usur∣pations 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 incroach∣ing upon the civill Iurisdiction.

To proceed to King Richard the second,* the Statutes in the first yeare of his Raigne have this Preface. Richard by the Grace of God, &c. Know that to the honour of God, and reverence of holy Church, for to nourish peace unity and concord in all the parts of the Realme, &c. We have ordained and established cer∣tain Statutes, &c. First it is agreed and established, that holy Church shall haue and enjoy all her rights, liberties, and franchises wholly and without blemish. &c. The confirmation of Magna Charta with other temporall Laws next follow; & then c. 13, 14, 15. three Lawes for paying of Tythes, and freeing Clergymen from arrests during their exercising of divine Service. The second Parliament in . Page  82Rich. 2. hath the like prologue; To the honour of God and holy Church, cap. 1 confirmes the franchises & liberties of the Church: 3. R. 2. C. 1 doth the like & c. 3. is a Statute against Provisions from Rome, to avoyd Nonresidency, to provide for instruction of the people by preaching, and reforme many abuses in the Church occasioned by provisions, made at the complaints, clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments, to reforme these abu∣ses, 5. R. 2. cap. 1. hath the like preface, c. 1. confirmes the Churches liberties, 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies, and Errors, contrary to the Christian faith, and to imprison haeretickes and erronious Preachers, till they justifie themselves according to the Law and reason of holy Church. 6 Rich. 2. Stat. 1. hath the like prologue, and c. 1. Ordaines and ac∣cords, that our holy Mother the Church of England have all her Liberties whole and unhurt, and the same fully enjoy and use. 7 Rich. 2. hath the same prologue, c. 8. the like confirmation of the Churches priviledges, and c. 12. prohibits Provi∣sions 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, Pri∣ors dative, and perpetuall, and Preists, 10. R. 2. c. 1. saves pontificall dignity, and priviledge of holy Church, and cleares all in all things aforesaid, 11. R. 2. c. 3. declares, that Bishops ought not to be present or voting in Parliament in matters of blood, 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power, 13. R. 2. recites, That the acts therein passed were to the honour of God and holy Church: &c. and c. 13. prohibits hunting on holy-dayes, and Priests to keepe Dogs, who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne, and c. 29. Pilgrimes, 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops, and all other ecclesiasticall dignities elective, and pro∣hibits provisions, usurpations, citations, and Bulls of the Pope and Court of Rome under paine of a Praemunire, banishment, abjuration; Imprisonment, Fine and ransome, 14. R. c. 2. Limits the exchanges of monyes to the Court of Rome, 15. R. 2. c. 2. 6. concernes forcible entries into Benefices, & Offices of holy Church, mortuaties to Religious persons, Popes Bulls, consecrations of Church-yeards and Appropriations of Churches, and Almes, 16. R. 2. c. 5 pro∣vides for presentations to Churches, against the Popes usurpations, Translations excommunications, Bulls, and Jurisdiction, under paine of a Praemunire, 21. R. 2 it prefaced: To the honour of God and holy Church: and c. 1. confirmes the Churches Liberties.*

In King Henry the 4th. his Parliaments, I finde, that the Prologues of the Statutes in 1. . 4. 7. 9. and 13. H. 4. begin thus; To the honour of God and reverence of holy Church, &c. and the first Chapter in each of them is. That holy Church have and enjoy all her rights, liberties, and Franchises, entirely, and without imbleamishing. Then follow temporall Lawes. 2. H. 4. c. 3. 4. pro∣hibits provisions of exemption from regular or ordinary obedience, granted to any religious persons from Reme, & Buls of exemption from payment of Tithes granted to the Religious of the Order of Cysteaux, under paine of a Pa∣munire: and Cap. 15. provides for the suppression of Sectaries, hereticall Prea∣chers, Page  83 Conventicles, heriticall Bookes, Schooles, and preservation of the Catho∣lique faith: enacting, that Heritickes shall be imprisoned, abjured and in case of relapse, or obstinacy, burned, 4. H. 4. c. 2. 3. confirme all the Statutes formerly made in favour of the Church and Clergy, and for preservation of their liberties Cap. 12. concernes appropriations of Churches, Vicaridges, Ordinaries, the Bishop and Archdeacon of Ely, and other Religious persons, cap. 14. prohibits working or wages on holy-dayes, Cap. 17. enacts; that none shall enter into Re∣ligion unlesse he be foureteene yeares of age without the Parents consent Cap. 22. concernes presentations to Benefices 5. H. 4. c. 11. 12. concerne Tithes, Cha∣lices, and ornaments of holy Church, 6. H. 4. c. 1. prohibits provisions and the pay∣ment of first fruits, or exacted fees to Rome, under forfeiture of all their estates who offend herein, 7. H. 4. c. 6. inhibits Religious persons under paine of a Praemunire, to procure any exemption from payment of Tithes or any provisi∣ons from the Pope, 9. H. 4. c. 8. forbids provisions and translations from the Pope under paine of a Praemunire, and makes all elections of Archbishops, Bishops, Abbots, Prebends & Deans to be free, without any interruption from the Pope or King. 11. H. 4. c. 4 Prohibits unlawful games on Sundayes, and other holy dayes.

1. H. 5. c. 7. 8. prohibits the conferring of Ecclesiasticall living upon Ali∣ens, * and orders their benefices and the lands of Priors aliens to be seised in times of Warre, 2. H. 5. c. 1. provides for Ordinaries visitations of Hospitalls, and re∣formation of them after the lawes of the holy Church: Cap. 3. grants a prohibi∣tion to spirituall Courts, where they deny a Copy of the Lible, Chap. 7. for the preservation of the Christian faith, the Law of God and holy Church with in this Realme, and the punishment of Heresies and Hereticks enacts, that Hereticks shall be apprehended and imprisoned by Sheriffs, and upon conviction of He∣resy, 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 pro∣visions from Rome under a Premiarie, C. 8. concernes Probate of Wills and r∣gulates exorbitant fees for procuring them, C. 6. forbids the promotions of Irish∣men to Beneficies or Ecclesiasticall dignities, 9. H. 5. c. 9. limits the manner of collecting Dismes by Archbishops, Bishops and their Agents.

2. H. 6. c. 1 confirmes the Churches liberties 6. H 6. c. 3. prohibits worke on,* and wages for holy dayes, 8. H. 6. begins thus. To the Laud and honor of Almighty God, and of the holy Mother the Church, Ch. 1. provides for the priviledges of the Convocation, 10. H. 6. c. 11. limits how Bastardy shall be tryed between the Common and Canon Law, which differ therein: 15. H. 6. c. 7. concernes Abbots and Priots, 27. H. 6. c. 5. prohibits Faires and Merkets upon Sundayes and prin∣ciple holy dayes, as a great prophanation of them, 28. H. 6. begins, To the ho∣nour of God and of holy Church, 33. H. 6. c. 6. concerns the exemption of the Abbot of Founteynes, and other Abbots and Priors, from Vexations sutes.

1. Ed. 4. is prefaced.* To the honour of God and of holy Church, C. 1. containes in it many particulars concerning Bishops, Abbots, and Clergymen, 3. E. 4. hath the same prefaced, and 12. E. 4. c. 7, prescribes excommunication 4. times a yeare to be denounced against the infringers of Magna Charta, as other Acts formerly did

Page  84 King Richard the 3d. prefaceth the Acts of his first Parliament in his 1. yeare thus.*To the honour of God and of holy Church, c. 14. limits the maner of collecting the Clergies Dismes.

King Henry the 7th. begins his Statutes in the 1. yeare of his Reigne; To the honour of God and his holy Church:* and Cap. 4. enables Archbishops, Bi∣shops, and other Ordinaries to imprison Priests, Clerkes, and Religious persons for incontinency, which they could not doe before; The Statutes of 2. 4. 11. 12. & 17. H. 7. (as their Prologues attest) were made, to the worship of God and holy Church, and for the common good of this Realme.

The Statutes of An. 1. 3. 4. & all or most Parliaments in the Regine of King Henry the 8th. are prefaced.* To the honour of God and holy Church, and for the Common Weale and profit of this Realme: In the Parliament of 21. H. 8. C-3. 4. 13. there were Statutes made concerning Probat of VVis, taking of mor∣tuaries by Priests or others, against Pluralities of Benefices, and taking of farmes by spirituall men, All of Ecclesiasticall Cognisance, 22. H. 8. c. 15. con∣taines the Kings generall pardon to his spirituall Subjects, who were fallen into a Praemunire, by submitting to Cardinall Wolsies power Legatine, 23. H. 8. c. 1. abridgeth the power of Ordinaries and takes away the benefit of Clergy in some cases: ch. 9. enacts: That no man shall be cited into any ecclesiasticall Court, out of the Diocesse wherein he dwells, unlesse in certaine causes, ch. 10. settles the Law concerning feofements and assurances to the use of any Parish-Church or Chapell 24 H. 8. ch. 12. takes away all Appeales to Rome, and ex∣cellently sets forth the Kings supremacy as well in and over Ecclesiasticall cau∣ses and persons, as temporall (as you may read at large in the Act it selfe) deny∣ing, exploding the authority of the Pope and Sea of Rome, 25. H. 8. c. 14. conteines a Law for the punishment of HERESY and HERETIQVES. limiting the maner of proceeding against them, defining what shal be heresie, how it shall be punished, and abridging the Authority of the Bishops and Canon Law, ch. 16. concernes Pluralities, ch. 19. containes the submission of the Clergy & Convo∣cation to the King; declares the Kings supremacy in causes Ecclesiasticall, the impotency of the Clergy, or Convocation to make or promulge any Canons, or Ecclesiasticall constitutins, or to debate any thing in Convocation without his Royall Lycence and approbation: The Nullity and invalidity of the Canon Law: abolisheth all appeales to Rome; and Authorizeth 32. persons, whereof halfe to be of the Clergy, the other halfe of THE LAITY, to survay the Ca∣non Law, and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act, for to be the only Canon Law, to be used within this Realme, Chap. 20. takes away the payment of any Annates o first fruits to the Bishop of Rome, nullifies his usurped power, and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme, and plentifully manifests the Kings and Parliaments Ju∣risdictions in Ecclesiasticall affaires, chap. 21. doth the like: exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome, and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme, which were formerly granted Page  85 at Rome only. The Statute is worthy perusall, consideration, fully demonstrating the power of the Parliament in Church affaires. 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ, making it a part of his Royall Title, and to have Ecclesiasticall authority to re∣dresse and reforme all Errors, Heresies and abuses in the Church, punishable by any spirituall or ecclesiasticall Law. Chap. 3. enacts; The payment of the first fruits of all Dignities, Benefices, promotions spirituall, and tenthes to the King and his Heires, abolishing the Popes usurpations and authority herein, ch. 13. abolisheth sanctuarie in cases of High Treason. ch. 14. Authorizeth the nomina∣tion and consecration of suffragan Bishops in sundry places of this Realme, and both creates and limits their authority. chap. 15. takes away some exactions of spirituall men, within the Archdeaconry of Richmond, 27. H. 8. c. 8. limits, that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch. 15. authorizeth the King to nominate 32. persons halfe of the Clergy, the o∣ther of the Laity for the perusall and making of Ecclesiasticall Lawes, and mani∣fests the Convocations invalidity to make such lawes or Canons, ch. 19. Limi∣teth and abolisheth Sanctuaries, and sanctuary persons, ch. 20. containes an Order touching the paying of Tithes throughout the Realme: ch. 21. Limits the maner of payment of Tythes within the City of London ch. 27. suppresseth di∣vers Monasteries, Priories and Religious Houses, vesteth their revenues in the King, and erects the Court of Augmentations. 28. H. 8. ch. 10. extinguisheth thes authority of the Bishop of Rome, prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority, in matters ecclesiasticall as you may read in the Act, worthy perusall ch. 11. enacts, Restitution of the first fruits in time of vacation to the next incumbent, ch. 13. compells spirituall per∣sons 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. en∣ables such as were Religious persons to purchase lands, & to sue and be sued in al maner of Actions, which they were disabled formerly to do by the Common & Canon Law, ch. 9. Enables the King to make Bishops by his Letters Patents only, and to erect new Bishopricks, which he did, ch. 13. disolves all Monaste∣ries 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 ex∣actly demonstrates; the Kings and Parliaments jurisdictions in matters of Re∣ligion, as the whole Act sufficiently manifests, though the Articles there∣in defined were erronious, and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests, and of women offending with them, ch. 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards, ch. 15. prescribes the manner of proceeding against Heretickes, and impugners of the Act, for abolishing of enormious opinions in Christian Religion, chap. 23, 24. concernes Accounts of Bishops, and subsidies granted by the Clergie, chap. 25. Dispences the Kings marriage with the Lady Iane, chap. 24. Dissolves Page  86 the Hospitalls of Saint Johns of Ierusalem, in England, and Ireland, for suppor∣ting and maintaining the supremacy and jurisdiction of the Bishop of Rome, contrary to their duty and Allegiance, chap. 26. Intitled, An act concerning true opinions, and Declaration of Christs Religion, is most pregnant to our present purpose, which you may peruse, chap. 38. Concerning precontracts of marriages and degrees of consanguinity, is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power, and chap, 44. 45, 47. good evidences of it, 33. H. 8. chap. 15. 27, 28, 29, 30, 31, 32. Enabling Reli∣gious persons to sue and bee sued; severing the Bishopricks of CHES∣TER, and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke: making the Church of Whitgate a Popish Church by it selfe, and se∣vering it from the Parish of Over; (which I wish our Independents to observe, and to learne from this and other Acts, that no new Churches or Parishes can be erected legally but by act of Parliament, which none of their Churches are) 34. and 35. H. 8. c. 1. intituled; An act for The advancement of true Religion and For the abolishing of the contrary, is most pertinent to our pur∣pose, and c. 15. 17, 19, 35. H. 8. c. 9. for ratification of the Kings stile, and Title of Defender of the Faith, and supreame head of the Church of England, and Ireland, ch. 6.

Concerning the qualification of the Statute of the 6. Ar∣ticles, c. 16. concerning the examination of the Canon Lawes, by 32. persons, halfe of the Clergie, and halfe of the temporalty, to be named by the Kings Majesty, during his life, to compile a body of the Canon Law to bee used in the Realme, 37. H. 8. c. 4. 12. but especially, ch. 17. That Doctors of ci∣vill Law may execute Ecclesiasticall jurisdiction, though Laymen, and marri∣ed (a Law worthy reading) and chap. 21.
For the union of Churches not ex∣ceeding the value of 5l. (which could not be done but by Act of Parliament) are all most pregnant evidences of the Kings and Parliaments indubitable Ec∣clesiasticall jurisdictions in matters of Discipline, Religion, Church-govern∣ment, and all Church affaires whatsoever.

The Statutes made in King Edward the 6. his Reigne are most punctuall and pegnant evidences hereof;* as namely, 1. Edw. 6. ch. 11. For administring the Sacrament in both kindes (therein proved necessary by sundry Texts of Scripture) and punishing such persons as shall unreverently speake against the Sacrament, with Temporall and Ecclesiasticall censures. ch. 2. concerning the election and creation of Bishops by the Kings Letters Patents, and what Pro∣cesse and Seales they shall use; declaring, that they have no Ecclesiasticall ju∣risdiction but meerely from the King, ch. 9. For uniting certaine Churches within the City of Yorke: ch. 12. which abolisheth Sanctuaries and Clergy in some cases, 2. and 3. E. 6. ch. 1. For the Vniformity of service, and the ad∣ministration of the Sacraments throughout the Realme, ch. 13. For the true payment of Tythes, ch. 19. For abstinence from flesh, ch. 20. Concerning Re∣cusants, ch. 23. For positive Lawes made against the Mariage of Priests, ch. 23. The repeale of a Statute touching Precontracts of Mariage: 3. and 4. E. 6. ch. 10. For the abolishing and putting away of diverse (superstitious Po∣pish) Books and Images, chap. 11. That the Kings Majesty may nominate and Page  87 appoint 32. persons (halfe Clergy-men, and halfe Laymen) to peruse and make Ecclesiasticall Lawes, ch. 12. For the manner of Ordaining Ecclesiasticall Mi∣nisters, and Consecrating Bishops, ch. 15. Against fond and phantasticall Pro∣phecies, 5. and 6. E. 6. ch. 1. For the uniformity of Common Prayer, and ad∣ministration of the Sacraments, ch. 3. For the keeping of Holy-dayes, and Fasting dayes, ch. 4. Against fighting and quarelling in Churches and Church-Yards, ch. 12. For the lawfulnesse of Priests Mariage and legitimation of their children, chap. 13. Touching Religious persons, and c. 23. Against Vsurie. All these are clearely Ecclesiasticall Acts, yet made by Parliament.

The Statutes in Queene Maries Reigne,* (though of a different Religion from her brother, and a zealous Pontifician) sufficiently evidence the jurisdi∣ction of our Princes and Parliaments in matters of the Church and Reli∣gion: witnesse, 1. Mar. Parl. 1. Ses. 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne, and setting up Masse, and the old Lyturgies againe, chap. 2. Against Offendors of Preachers, and other Ministers in the Church, or Church-Yard, or interrupting them in their Ser∣mons, or saying Masse, under paine of imprisonment, fines and Ecclesiasticall censures, chap. 15. For re-edifying the parish Church of Saint Ellins in Stan∣gate. 1. Mariae, Par. 2. c. 1. Declaring, That the Regall power of this Realme, is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme, chap. 3. Being an Act of Re∣peale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham, Chap. 9. Touching Ordinances, Rules, &c. in Cathedrall Churches and Schooles, c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex, 1. and 2. Phil. and Mary, chap. 6. For the reviving of three Statutes made for the punishment Of Heresies; and that with forseiture of Lands, imprisonment, and death in some cases, chap. 8. Intituled; an Act repealing all Statutes, Articles, and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts, offices, & the Pope himselfe to their former usurped jurisdictions in England; ratifying this Popes very Bulles, and dispensations to make them valid; and setling the whole affaires of the Church of England, chap. 9. 20. For the puni∣shing of traiterous Sermons, and Prayers against the Queene, chap. 17. Con∣cerning leases of some spirituall persons, and 2. and 3. Phil. and Mary, chap. 4. For the extinguishment of first fruits &c. All Ecclesiasticall Statutes.

In Queen Elizabeths happy Raigne,* there are sundry Statutes abundantly manifesting her own, and the Parliaments supreame Iurisdictions and Legisla∣tive power in matters of Religion, Church-government, Discipline, &c. as namely, 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdicti∣on OVER THE STATE ECCLESIASTICALL & SPIRITVALL, and abolishing all fortaigne power repugnant to the same: which gives the Queen, her heires and successors, all manner of Ecclesiasticall Iurisdiction, in, and over all Ecclesiasticall persons and causes, and power to correct, redresse, and reform all manner of HERESIE, SCHISME, ERRORS, ABVSES & OFFENCES Page  88 ECCLESIASTICALL: prescribes the oath of Supremacy (which all are to take and most Independents have formerly taken) wherein, they do utterly, testifie and declare in their consciences, that the Queen and her Successours are the onely supreame Governours of this Realme, and other their Dommi∣ons, as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall, &c. which jurisdiction of theirs, they sweare to their power to assist and defend: Which oath if any refuse to take, hee shall forseit all his Ecclesiasticall promotions and temporall offices. This Act likewise abolisheth the Popes jurisdiction, under pain of a praemunire and other mulcts against the maintainers of it: It determines what shall be adjudged HERE∣SIE and what not; namely,

Only such matter and cause as heretofore hath been determined ordered, and adjudged to be heresie, by the authority of the Canonicall Scriptures o by the first foure generall-Councels, or any of them; or by any other generall Councell wherein the same was declared heresie, by the expresse and plain words of the Canonicall Scripture, or such as hereafter shall be ordered, IVDGED, OR DETERMINED TO BE HERESIE, BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME; with the assent of the Clergy in their Convocation:
(to wit, by way of assistance and advice cumulatively, not negatively, as if their assent were simply neces∣sary.) So as by this Act, the Parliament is made the sole proper Iudge, what is or shal be reputed & punished as heresie, what not, & how it shal be punished; the highest point of Ecclesiasticall jurisdiction. Ch. 2. For the uniformity of Com∣mon prayer and service in the Church, and administration of the Sacraments, en∣joyning conformity under temporall and Ecclesiasticall punishments, is an irrefra∣gable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions. ch. 23. For the due executing of Writs, de Excommunicato capiendo, ch. 28. For translating of the Bible and divine Service into the Welch tongue. 8 Eliz. c. 1. Declaring the man∣ner of making and Corsecrating the Archbishops, Bishops, and Ministers of this Realm, to be good, lawfull, and perfect: ratifying the Booke of common Prayer, and of Ordination, together with the Queens Soveraigne Ecclesiasticall Authority. 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome, chap. 8. Against Usury ch. 19. concerning Di∣lapidations, c. 12. To reforme certain disorders touching Ministers of the Church, ratifying the 39. Articles of Religion, and enjoyning subscription thereunto, under penalties, losse of Benefices and other Ecclesiasticall penalties, Limiting like∣wise the age of such who are to be made Ministers. ch. 17. Concerning the Leases of Benefices, and Ecclesiasticall livings with Cure. 18. Eliz. c. 6. Concerning the taking away of Clergy, &c. 23 Eliz. c. 1. To retain the Queens Majesties sub∣jects in their due obedience, made against Jesuits, Semenary Priests, and others re∣ceiving Orders from Rome, and the harbourers of them, under capitall penalties. 27. Eliz. c. 2. Against Jesuits, Seminary Priests, and such other disobedient per∣sons. 29. Eliz. c. 6. Concerning Recusants. 31. Eliz. c. 1. Against Symony. 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Page  89 Church Service and Liturgie; who are lyable to imprisonment, fines, and other penalties for it by the Law. ch. 2. For restraining Popish Recusants to some cer∣taine plate of abode. 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne. ch. 22. Concerning the Bishop of Norwich, are plentifull evidences of what I plead for.

In King James his Raigne I finde many Acts of Parliament asserting the Kings and Parliaments Ecclesiasticall jurisdictions,*as 1 Jacobi c. 1 Concerning the Kings Title to the Crowne. ch. 2. Concerning Archbishopricks and Bishopricks. ch. 5. For the due execution of the Statutes against Jesuites, Seminary Priests, Recusants. ch. 12. Against second marriages till former wives or husbands bee dead. ch. 31. For building a new Church in Melcombe Regis, to be the Parish Church of Radepoll, and for making the Church of Radepoll a Chappell to it. 3 Ja∣cobi c. 3. for a publick thanksgiving to Almighty God every yeare on the fift day of November, for the deliverance from the hellish Gunpowder treason. ch. 4. For the better discovering and suppressing of Popish Recusants; which prescribes a new oath of Allegiance: ch. 5. To prevent and avoyd danger which may grow by Popish Recusants, which likewise prohibits the Importations of any Popish Books. Agnus Dei, Crucifixes, &c. ch. 20. To restraine abuses of Players. 21. Jacobi ch. 17. Against Usury. ch. 20. To prevent and reforme prophane swearing and cursing.

The Statutes in King Charles his Raigne,*are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings & Parliaments, in all which we find, not onely severall Committees appointed concerning Religion (fre∣quent in all Queene Elizabeths and King James their Parliaments) but also sundry Statutes concerning Religion and Church-matters; as namely, 1 Carols c. 1. For punishing divers abuses committed on the Lords day. 3 Caroli c. 1. For further reformation of divers abuses on the Lords day, ch. 2. To re∣straine the passing or sending of any to be Popishly bred beyond the Seas. But the severall Acts, Ordinances and Proceedings of this present Parliament, concer∣ning all matters of Religion, Church government, and Ecclesiasticall affaires, are presidents beyond all exception: The Acts already passed, For suppressing the High-Commission; disabling any Clergy-man to meddle with any temporall offices, or to be Justices of Peace; The taking away of Bishops Votes, and their sitting in the House of Peers. The severall Acts, Votes, Ordinances which have passed both House for abolishing all new Canons Plaralities Non∣residence; punishing of scandalous Ministers; Sanctifying the Lords day; Keeping of Monethly and other Fasts; Celebrating speciall dayes of thanksgiving for sun∣dry Discoveries & Victories: Prohibiting the printing of erroneous books: Suppres∣sing Antinomians, Socinians, Anabaptists, and other Sectaries; Abolishing all In∣novations, 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 cor∣ruptions in Doctrine, Worship, Government, Discipline, and establishing such a pure Worship and Church-government in our Realme, as shalbe most agreeable Page  90 to Gods Word (wherein they have made a large progresse already, the Dire∣ctory for Worship being now finished; and we expect a full accomplishment of this much desired Worke, ere long.) All these, with infinite other particu∣lars, are a most satisfactory and unanswerable evidence of the Parliaments ju∣risdiction, and Legislative power in all matters of Religion, Worship, Govern∣ment, Discipline, and other Ecclesiasticall things or proceedings whatsoever: none of which have ever been settled among us in any age in a legall and ob∣ligatory way, but onely in and by Parliaments. I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines; (wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires, matters of Re∣ligion, and over the Assembly it selfe,) together with the Instructions or Ruled prescribed to the Assembly (which they have punctually observed, and sub∣mitted to) not yet in print.

An Ordinance of the Lords and Commons in Parliament, for the calling of an Assembly of learned and godly Divines, and others, to be consulted with, by the Parliament, for the setling of the Government and Liturgy of the Church of England. and for vindicating and clearing of the Doctrine of the said Church. from false uspertions, and interpretations.

WHereas amongst the infinite blessings of Almighty God upon this Nation, none is, or can be more deate unto us, then the purity of our Religion, and for that as yet many things remaine in the Lyturgy, Discipline and Government of the Church, which doe necessarily require a further and more perfect refor∣mation, then as yet hath been attained: And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parlia∣ment, that the present Church-Government by Archbishops, Bishops, their Chancellors Commissaries, Deanes Deanes and Chapters. Archdeacons, and o∣ther Ecclesiasticall Officers depending upon the Hierarchy, is evill and justly offensive and buthensome to the Kingdome, a great impediment to reforma∣tion and growth of Religion, and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same, shall be taken away, and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word, and most apt to procure and preserve the peace of the Church at home, and neerer agreement with the Church of Scotland, and other reformed Churches abroad, and for the better effecting hereof and for the vindicating, and clearing of the doctrine of the Church of England. from all false calumnies and aspersions, It is thought fit and necessary to call an Page  91 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 coun∣sell 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 Lords 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 Earle of Bedford, Phillip Earle of Pembroke and Montgemery, William Earle of Salisbury, Henry Earle of Holland Edward Earle of Manchester, William Lord Viscount Say and Seale Edward Lord Viscount Conway, Phillip Lord Whar¦ton, Edward Lord Howard of Estr. John Selden Esquite. Francis Rows Esquire, Edmund Prideaux Esquie, Sir Henry Vane Knight Senior, Iohn Glyn Esquire, Recorder of London, Iohn White Esquire, Bouldstrode Whilocke Esquire, Hum∣phrey Salloway Esquire, Master Serjeant Wilde Oliver, Saint Iohn Esquire his Majesties Sollicitor, Sir Benjamin Rudyard Knight John Pym Esquier, Sir Iohn Clotworthy Knight, Iohn Maynard Esquire, Sir Henry Vane Knight, junior, William Pierpoint Esquiet, William Wheeler Esquier, Sir Thomas Barrington Knight, Walter-Young Esquier, Sir Iohn Euelin Knight Herbert Palmer of Ash∣well Batchellor in Divinity, Oliver Boles of Sutton Batchellor in Divinity Hen∣ry Wilkinson of Waddesdon Batchellor in Divinity, Thomas Valentine of Chal∣sont 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 ma∣ny of them as shall not be lefted by sicknesse or other necessary impediment, shall meet and assemble, and are hereby required and enjoyned upon summons signed by the Clerkes of both Houses of Parliament, left at their severall re∣spective dwellings, to meete and assemble themselves at Westminster in the Cha∣pell called King Henry the sevenths Chappell on the first day of July in the yeare of our Lord, one thousand six hundred forty three: and after the first mee∣ting, being at least of the number of forty, shal from time to time sit & be remo∣ved 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 Autho∣rity, and are hereby likewise enjoyned, from time to time during this present Parliament, or untill further Order be taken, by both the said Houses to con∣erre 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 asperti∣ons and misconstructions. AS SHALL BE PROPOSED VNTO THEM BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIA∣MENT, 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 Page  92 BOTH OR EITHER OF THE SAID HOVSES OF PARLIA∣MENT, SHALL BE REQVIRED, and the same not to divulge by prin∣ting, writing, or otherwise, without the consent of both or either House of Par∣liament. And be it further ordained by the authority aforesaid, that William Twisse Doctor in Divinity, shall sit in the Chaire as Prolocutor of the said As∣sembly; and if he happen to die or be letted by sickenesse or other necessary im∣pediment, 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 Opi∣nion shall happen amongst the said persons so assembled, touching any the mat∣ters, 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 behalfe. And be it further Ordained by the authority aforesaid, That for the Charges and expences 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, du∣ring the time of their said attendance, and for ten dayes before and ten dayes after, the summe of foure shillings for every day, at the charges of the Com∣mon-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 sayd Divines so, as aforesaid, required and enjoyned to meet and assemble, shall be freed and acquitted of and from every offence, forfeiture, penalty, losse or da∣mage which shall or may arise or grow by reason of any Non-residence or ab∣sence of them or any of them, from his or their, or any of their Church, Churches, or Cures, for, or in respect of their sayd attendance upon the sayd Service any Law or Stature enjoyning their attendance upon their respective Ministeries or Charges to the contrary thereof notwithstanding; and if any of the persons before named shall happen to die before the sayd Assembly shall be dissolved by Order of both Houses of Parliament, then such other person or persons shall be nominated and placed in the roome and stead of such per∣son and persons so dying, as by both the sayd Houses shall be thought fit and agreed upon: And every such person or persons so to bee named shall have the like Power and Authority, Freedome, 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 sayd persons in this Ordinance is by this Ordinance limited and appointed. Provided alwayes; that this Or∣dinance or any thing therein contained, shall not give unto the persons a∣foresaid or any of them, nor shall they in this Assembly assume to exercise any Iurisdiction, Power, or Authority Ecclesiasticall whatsoever, or any other Power, then is herein particularly expressed.

Page  93

Some generall Rules for the Assembly, directed by the Lords and Commons in Parliament Assembled.

1. THat two Assessors be joyned 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 Row∣berry, and Master Adoniran Byfeild.

3. Every Member at his first entrance into the Assembly, shall make a se∣rious and solemne Protestation, not to maintain any thing 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 prpounded.

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 enjoyned him silence (unlesse the Assembly desire he may go on.)

7. No man to bee denied to enter his dissent from the Assembl, and his 〈◊〉 for it, in any point, after it hath beene first Debated in the Assembly, And thence (if the dissenting party desire it) to be sent to the Houses of Par∣liament 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 opi∣nion of any persons dissenting and the reasons urged for it, be annexed thereunto (if the Dissenters require it) Together with Solutions (if any were) given in the Assembly to these Reasons.

Jo: Browne Cler. Parliamentorum.

Having thus sufficiently evidenced the authority and jurisdiction of Par∣liaments in matters of Religion, and Church affaires, by these numerous punctuall & irrefragable Presidents in all Ages; give me leave to add these two considerations to them to demonstrate this their undoubted right and privi∣ledge beyond all contradiction, and silence every adverse tongue, Pen, of all Papists, Anabaptists, Brownists, Separatists, or Independents whatsoever.

First, that all our ancient and modernea Writs for summoning a Parlia∣ment, have ever had this speciall clause in them. Pro quibusdam ardnis & un∣gentibus negotiis, Nos, statum, & defensionem Regni Angliae & ECCLESIAE ANGLICANAE, concernentibus, quddam Parliamentum, &c. teneri ordi∣navaimus. From whence it is most apparent; That the state and defence of the Church of England, and well ordering of the same, is one Principall end of sum∣moning Parliaments and one maine part of the subject matters of our Parlia∣ments, as Sir Edward Cooke resolves.

Page  94 2ly That all & every of the preended opposites to Parliaments Ecclesiasticall jurisdiction, hand formely▪ and none especially in the present Parliament, ad∣dressed severall Petitions to this High and Honorable Court, for Reformation of the Church, suppression of haeresies, Errors, Idolatry, Popery, Superstition, Schismes, Prelay, and establishing Gods true worship, Religion, Ordinances, Discipline, as to the most proper Iudicature Tribunall, Lawgiver in our Church, which they could resort unto, and not to the Convocation, or any other Assembly of Clergy-men alone, or Independent Congregation.

To give you some few remarkable instances (besides those formerly remem∣bred) instead of infinite others, which I pretermit for brevity. Our famous English Apostle,bIohn Wickelesse, as he professedly maintained in K. Richard the second his Raigne; That any Clergy-man, yea the Pope himselfe, might law∣fully be reprehended accused and corrected by Lay-men, That the temporall Lords and Princes might lawfully and meritoriously take the possessions and Revenues from the Church, and from Ecclesiasticall persons offending habitually, &c. to the end they might reforme them; And that they were obliged to reforme the Church and Prelates, under paine of being traitours to Iesus Christ: So likewise in the fifth year of this King hecWrit and sent to the Lords and great men assembled at London IN PARLIAMENT seven Propositions; tending to the abolishing of the Popes usurped power and exactions; to selfe the temporalities of Deli•••ent Bishops; to remove Bishops and Clergy-men from all secular imployments; 〈◊〉 re∣forme the abuses of Excommunications, and imprisonments upon (them;) to 〈◊〉 Transubstantiation, and reforme the Churches both to〈…〉 the particulars whereof you may read at large in 〈◊〉. And 〈◊〉 long af∣ter, his learned Disciple William〈◊〉 (a Marty being unjustly condem∣ned by the Bishop of Hereford for maintaining Wickliffes opinions, appealed to the King and Parliament against it; and withall writ a piousd Letter to the Parliament (recorded by Master Fox) which concludes thus.

Deare worshipfull Sirs in this world, Theseech you for Christs love as ye yet 〈◊〉 loven Gods Law and Truth (that in these dayes is greatly borne abacke) that they wollen vouchsafe these things that I send you written to Gods wor∣ship, to let them be shewed IN THE PARLIAMENT, as your wits can best conceive to most worship to our God, and to shewing of the truth, AND AMENDING OF HOLY CHVRCH. My concusions, and mine appeale, and other true matters of Gods Law (if any can finde in them error false∣nesse or default, privet by the Law of Christ clearly to christian mens know∣ledge) I shall revoke my wrong conceit, & by Gods law be amended; more ready to hold with Gods law openly and privily with Gods grace, and no∣thing to hold, teach or maintain that is contrary to his Law.
By which he made that very Parliament Iudges of his Doctrine had reformers of the Church, though for the most part Papists in those dayes.

On the contrary side, the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of haereticall opinions Preachers Bookes, Schooles, Conventiles and the pu∣nishment and restraint of hereticks, sectaries, haereticall preachers and School∣masters Page  95 (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 Com∣mons never consented▪ were made and 〈◊〉 to that purpose, as is evident by the very words of the Acts themselves? Master Fox his Acts and Monu∣ments vol. 1. Edi〈◊〉 p. 773. And it is as evident, that the Popish Commons Petition was the cause of the Statute of 25 H. 8. c. 14. For the punishment of heresie: and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament, the occasion of the bloudy Statue of 31 H. 8. c. 14. 34. H. c. 8. 1. as the words of the Acts, and Master Fox demonstrate: both King and Clergy, Nobles and Commons even in these times of Popery deem∣ing our parliaments the meetest Iudges, and only lawgivers for ordering Church affaires and matters of Religion.

About the 37. yeare of King Henry the 〈◊〉, Roderick Morse once a Grey 〈◊〉, published a book in print, 〈◊〉A complaint to the Parliament house of England, directed to the Parliament; wherein he demonstrates many abu∣ses and corruptions of the Church and Clergy of England in those dayes both in mat∣ter of Doctrine, Worship, Discipline, manners; which he earnestly presseth, petitioneth the Parliament effectually to reforme by wholsome Lawes and Edicts as a thing most properly belonging to their place and Iurisdiction, as the whole booke mani∣fests: which had been very absurd, had the Parliament been no, meer Iudge of Religion and Church affaires, and no 〈◊〉 Reformers of these abuses by Lawes and punishments, as some now repute them.

In King Edward the sixt Queene Maries, and Queene Elizabeths severall Raignes, the Clergie and 〈◊〉 made their Petitions and addresses to the Par∣liament for setling, reforming, establishing all matters of Religion, Church-government and discipline as the forementioned Statutes, with multitudes of Petitions and bookes printed and dedicated to the Parliaments in their seve∣rall Raigns demonstrate; especially 1. and 2. Phili. and Mary c. 6. 8. 1 Eliz. c. 1. 2. 4. 8. Eliz. c. 1. Two admonitions to the Parliament. Anno. 1572. Iohn Penry his supplication to the Parliament, and others.

The Petitions to all the severall Parliaments in* King Iames his Raigne and our present Soveraignes, (but more especially to this present Parliament) from all sorts of people in every County of the Realme; from Laity and Clergy, Protestants of all sorts, as well Presbyterians a Independents, yea from Antinomians, Anabaptists, Brownists, and Schismatickes of all sorts, to re∣forme Religion, especially Church-government, set up the Ordinances and worship of God in their purity, and settle all matters of Doctrine, Discipline, Government by Act of Parliament as neere as might be to the word, by the assistance of a godly learned Assembly of Divines; the daily calling of Ministers of all sorts upon, the Parliam. to pursue this work, the prayers of all piously af∣fected to Almighty God both publickly and privately, to assist them extraor∣dinarily from Heaven in this great weighty spirituall building; together with the Assemblies submission of all their determinations to the Parliaments al∣teration, approbation or rejection, and the Independents own addresses, Petiti∣ons, & late tender of the reasons of their dissent from the Assembly to them; is Page  96 (to my weak approbation) a most irrefragable▪ Argument and publicke ac∣knowledgement of their undoubted right, and Legislative power in all Ecsiasticall affaires of what nature and quality soever; and that all parties ought readily to submit to their just determinations in point of practise, and obedience in all these particulars, whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges.

There is no party or Sectary whatsoever, which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish, pro∣vided it suited fully with their particular way which they judge the truest and most consonant to Scripture: and if they should once authorize or settle the Independents (hitherto concealed) way, I am confident they would all preach universall obedience & submission to it, under pain of contumacy haeresie, schi∣sme, and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets;*

and that this their way, may reaso∣nably (yea and upon higher terms then of reason) be thought in time, that it cannot but overthrow all other sorts of Ecclesiasticall Government, and stand up it selfe in their stead.
If then every side be of this minde in case the Par∣liament determine for their party, then why should not all be willingly con∣cluded & satisfied with what they shall rightly determine, be it for or against their way, since they have all appealled to their judgements alike; which must either be altogether fruitlesse and un-obliging to any, or els indifferently binde all to voluntary or enforced conformity. Add to this, that all or most of our op∣posites in this point of Parliaments juridiction and Legislative power in Ec∣clesiasticall matters, have freely submitted themselves to the Protestation. Vow, and solemne Nationall Covenant imposed and prescribed by the Par∣liament, which enjoyne them under paine of highest Perjury, with their lives and estates to maintain and defend the ancient rights and priviledges of Parlia∣ment, and this we now debate as well as any other. That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts, and others upon speciall occasions, with publicke dayes of thanksgiving; together with their power and Ordinances to suppresse all pro∣phanations of the Lords day, with many other abuses, Sects, Errors in Church affaires; which hath for ever estopped them to quarrell or deny the Parlia∣ments Legislative Iurisdiction in any other particulars of Church-govern∣ment, Discipline, or Religion, which suite not with their humors or opinions. I shall conclude this point concerning Our own Parliaments Ecclesiasti∣call jurisdiction with the determination of our incomparable Jewell, which hath more reall worth and value in it, then the contrary opinion of thousands of opposites (being alwayes hitherto reputed the received Doctrine of the Church of England) and with Bishop Bilson, a very solid Writer.

This reverend learnede Jewell in his Apologie hath this passage, con∣cerning 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 An∣tagonist Page  97 An••gonist, answering thereunto just as some Independen••; and others (who protest they have abjured all Popery, though they follow it herein to an haires breadth) do now: The Parliaments of these later dayes did make most of you, and yet how open was it for you? had ye any plae at all in it? were ye admitted within the doores? or had ye any thing to do in that assembly? Did they tarry many moneths about it? had they Bishops? had they Divines and the most learned to reason too and fro with all Liberty, &c.? How many of the spiri∣tuall Lords (a great part of the Parliament, and without all doubt the part which must be chiefly and only regarded when the questiones of Religion) gave their voyce to your Gospell? yea, which of them did not resist it, save 〈◊〉 alone &c? If they will needs have their matters to depend of THEIR PARLIAMENT, let us not be blamed, if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL, PARLIAMENT FAITH: This learned Bishop returnes the en∣suing reply to him: That the Parliament war summoned by royall Authority, confirmed and concluded in Order, as heretofore hath been used: That a Parlia∣ment might be held and Acts passed without the consent and agreement of Lords Spirituall (for which he produceth sundry examples.) Farther, whereas ye call the Doctrine of Christ that now by Gods great mercy, and to your great griefe, is universally and freely preached a PARLIAMENT RELIGION, and a PAR∣LIAMENT GOSPEL (for such sobriety becometh you well, and may stand you instead, when learning fayleth) ye might have remembred, that Christ him∣selfe at the begining was universally received, and honoured through this Realme BY ASSENT OF PARLIAMENT▪ and further, that WITHOUT PAR∣LIAMENT, your POPE himselfe was never received, no not in the late time of Queen Mary: yea, and even then his Holinesse was clogged with PARLIA∣MENT CONDITIONS, that whatsoever had beene determined in Parlia∣ment, and was not repealed, were it never so contrary to 〈…〉 and Canons, should remain still inviolable, and stand in force.〈…〉Holinesse had gone home again. Such Master Harding is the Authority of a Parliament. Verily it Parliaments of Realmes be no Parliaments, then will your Pope be no Pope. Therefore as you now call the truth of God we professe, a Par∣liament Religion, and a Parliament Gospel, even so with 〈…〉 and gra∣vity of speech, you might have sayd, our Fathers in old times had a Parliament Christ: And your late Father and Brethren, had of late in the time of Queene Mary, a Parliament Faith, a Parliament 〈◊〉, a Parliament Pope.

Neither is it so strange a matter to see Ecclesiasticall causes debated in Parlia∣ment; read the Lawes of King Inas King El••ede, King Edward, King Ethel∣stan, King Edmond, King 〈◊〉, King Canute, and ye shall finde, that our God∣ly Forefathers, the Princes and Peers of this Realme, never vouchsafed to en∣treat of matters of Peace, of Warre, or otherwise touching the Common State, before all controversies of Religion and causes Ecclesiasticall had beene conclu∣ded, King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made, touching the faith, the keeping of holy Dayes, publike prayers, learning of the Lords Prayer, receiving of the Com∣munion thrice in the yeare, the manner and forme of Baptisme, fasting and o∣ther Page  84 like matters of Religion, in the end thereof saith thus.

Iam sequitur insti∣tutum Legum secularium:
Now followeth an Order for temporall Lawes.

Thirdly we see, that the Godly Catholique Princes in old times, thought is their duty, before all other offices of the Common weale, first to determine matters of Religion, and that even BY THE PARLIAMENTS OF THIS REALME. In a Parliament holden by King William the Conquerer it is writ∣ten thus: The King, for as much as he is the Vicar of the highest King, is there∣fore appointed for this purpose, that he should Rule and defend the Kingdome and People of the Lord; and above all things the holy Church: &c. Hereby it appeareth, that Kings and Princes are specially, and of purpose appointed by God, not only to defend, but also to Governe and Rule the holy Churh, How be it,
if any imperfection shall appeare in the former Parliaments, we give God thankes for the same, that is: and trust, that for his owne names sake he will con∣firme what he hath begun.
The hearts of Princes, and determinations of Parlia∣ments, are in his hands:
If any thing want, the arme of the Lord is not Shor∣ted: he is able to supply the same. So our incomperable Iewell: enough to sa∣tisfie and silence all our Opposites,fThomas Bilson Warden and afterwards Bish. of Winchester, bringing in the Prelates and Iesuis objecting against our re∣formed Protestant Religion, that it was brought in and ratified, not by a Coun∣cell and Synod of the Clergy; but by the Prince, (Queene Elizabeth) and the Parliament; who (say they) had no power to determine or deliberate of those matters, returnes this answer: May not the Prince command for truth within hee
Realme except your consents be first required and had May not her Highnes serve Christ in making laws for Christ, without your likeing? Claime you this in∣terest and prerogative,
* that without you nothing shall be done in matters of Religion, by the Laws of God, or by the liberties of this Realme?
By the Lawes of the land you have no such priviledges: Parliaments have beene kept by the King and his Barons, the. Clergy wholy excluded, and their Acts and statutes good. And when the Bishops were present, their votes from the Conquest to this day were never negative; By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes: You may teach, you may not command:
persuasion is your part compulsion is the Princes. If Princes imbrace the truth, you must obey them.
If they pursue truth, you must abide them. By what authority then claim you this Dominion over Princes, that their laws for Religion shall be voyde unles you consent, seeing they are the maintainers, establishers, and up∣holders of the faith, with publique power and positive Lawes?
which they and their Parliaments may make without a precedent councel of Clergy men to guid them; as he there proves at large, by sundry presidents. If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies, I must tell them in plaine english, they directly violate their late vow and Covenant, and symbole herein with Jesuites and Popish Prelates, whose doctrines they have abjured by their Nationall Covenant, and therefore cannot, may not ever hereafter embace without the highest Perjury and plaine Apostacy unto Popery.

I shall finish this Section of the Authority and power of Parliaments in Page  81 matters of Religion, Church-government, Discipline and enacting Lawes in all and every of these particulars, with some forraigne presidents in the Parlia∣ments, Diers, & Assemblyes of Estats in other Realme & republikes. Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them, I might swell this Treatise into many folio volumes, I shal therefore only give you a brief touch & catalogue of some few, which the Studious may peruse & make use of at their leisure.*

For FRANCE;* you may survey the Decrees of King Chil∣debert, debated and agreed by him and his people in a Parliament, de qui∣buscunque conditionibus, una cum Optimatibus nostris, c. 2. 4. & c. 15. For san∣ctifying the Lords Day, prohibiting the dressing of any but necessary food on it, & all Bodily labour under pecuniary mulcts. The ecclesiasticall laws of Charles the great, Ludovicus pius, & Charles the Bald, collected into one volum by Abbot An∣segisus, Benedictus Levita, Lindebrogus, & others, printed with some pettinent ad∣ditions Parisijs, 1640. stiledgCapitula Regum, & Episcoporum, Maximeque OM∣NIVM NOBILIVM FRANCORVM; were made, GENERALI CON∣SENSV PIDPLIVM SKORVM, ET GENERALI CONSVLTV, ET COMMVNI, CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France, in Common Councells, Parlia∣ments and Assemblies of the estates. Who had so great a power in making re∣jecting Canons & ecclesiasticall Lawes, that when in theh yeare 846. the Bi∣shops of France and their suffragans had in their Synods compiled certaine Ca∣nons 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 ap∣prove; the King, Dissidentibus regni sui PRIMORIBVS ab eorundem episcopo∣rum admonition by reason that the Nobles and other men of his Realme diffe∣red 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 CAPJTƲLIS ACCEPTASSE QVAM ISTA, ET IS∣TASE VELLECVM PRINCIPE OBSERVARE: which were Stiled Capt∣ule Regis CAROLI, & not the Bishops Canons. By which it is evident, that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity, but such at the King, Nobles, Parliament, and three estates approved and confirmed, I shall add to this, that.

Anno 1307. King Philip the 4. of France assembled a Parliament at Paris, wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses,i 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 anci∣ent and latter times, you may read at large in Liurentius, Bochellus his Decreta Ecclesiae Gallicaiae, in Carolus Molinaeus Contra parvas Datas, &c. in William Ranchin, his Survay of the Councel of Trent: but above all, in Antonie Fontanon his Les Edicts et Ordonnances dos Royes de France, A Paris 1585. Tom. 4. throughout, wherein you may see an whole Folio volume of Ecclesiasticall Page  100 Lawes and Edicts made by the Kings and Parliaments of France, to which (for brevity) I shall remit the Reader.

For Spain,* the forecited Councels of Toledo (which were but Parliament and assemblies of the Estates) The lawes of the Wisigothis, especially lib. 1 De removendis OMNIVM HAERETICORVM SECTIS exterms, & DE OM∣NIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AM∣PVTANDIS: 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 Generall history of Spain, Joannes de Laet. Hispaniae Descriptio, Hieronimus Blanca Re∣rum Arragenensium Commentarius, will furnish us with sufficient Presidents of their Parliaments Iurisdiction in matters of Religion, and making Eccle∣siasticall Lawes in all Church matters.

For Bohemia:* Georgius Bartholdus Pontanus, his Bohaemia pia, l. 7. De Re∣bus 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 Ca∣tholica; Rub. 2, 4 5. De hareticis, &c. Aeneas Sylvius, his Historia. 〈◊〉 Pauli Stranhii. Respub. Bohemiae: Master Fox his Acts and Monuments 〈…〉 & Grimstons Imperiall History, will furnish us with sundry Presidents, where their Kings and Parliaments have determined and settled matters of Religion and Church-government in that Kingdome, not Synods of their Clergy.

For Denmarke, Hungary, Poland, and Sueden, the Lawes and Historians of these Kingdomes,* abundantly testifie that their Parliaments and generall Assemblies of State, have alwayee settled matters of religion and Church∣government. See Guagninus, Chromerus, Saxogrammaticus Pontanus, Chy••• Rer um Ungarirarum Scriptores.

For Italy,* I find that Theodoricus King of Italy; among his temporall Laws intiteled,*Edictum Theodorici Regis, hath many Ecclesiasticall constitutions, intermixed, as cap. 26. 70. 71 168, 125, 143. and 174. De die Dominico, pro∣hibiting arrests or citations thereon. The like I finde among the Lawes of the (b) Burgundians, made by Gundebald their K. by the advise and consent of his Nobles (Coram positis Optimatibus nostris, universa pensavimus & iam no∣stra quam eorum sententia, mansuris in aeuum legibus sumpsimus statuta praescri∣bi) cap. 28. 44, 45. 51. Additamenti primi, cap. 18. Additamentum, 2. cap. 12. Among the Lawes of themAlmains 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 finde sun∣dry Ecclesiasticall Lawes intermixed with temporall, as cap. 1. 24. and cap. 38. De eo qui die DOMINICO opera servilia fecerit: Which first enacts: Die dominico nemo opera servilia prasumat facere, quia hoc Lex prohibet; & sacra Scriptura in omnibus contradicit: And then prescribes bast inadoing to a servant that shall worke on the Lords day; and to a freeman after three ad∣monitions, the forfeiture of the third part of his inheritance; and for the 4th Page  101 offence, perpetuall villainage: Quia noluit Deo vacare, in sempiernum servus perman•••.

In the Lawes of thenBavarians, first compiled by King Theodoricus, by the advise of Wisemen skilfull in the Lawes:* afterwards proceeded in by King Childebert, and Clothaire, and renued by King Dagobert, by advise of his Parlia∣ment, (as this Preface to them attests: Hoc DECRETUM est apud Regem & Principes ejus apud CUNCTUM POPULUM CHRITIANUM qui intra Regnu••〈◊〉 consistunt) I finde the first Title to bee, DE ECCLESIASTIC IS REBVS; De libris legum justitutionum qua ad CLERVM pertinent: Concerning whom there were many very good Lawes enacted. I meet with sundry Lawes made by Tassilo Duke of Bavaria, Anno Do. 772.oEt per PRIMATES Imperij, unmerso CONSENTENTE MVLTITVDINE, &c. Est ab universis uno ore confirmatum, &c. Many of which Lawes are meerely Ecclesiasticall: As the first, for the honour and sancti∣fying of the LORDS DAY, Sicut in Lege Scriptum est, & in decretis Ca∣nonum, and cap. 2, 3, 4, 6. De Popularibus legibus, cap. 10. 11, 12, 20. So also in the Aditions of Charles the Emperour to the Bavarian Lawes Addit. 1. c. 1. 8. and Addit. 2. cap. 7. 8, 10. Among thepLawes of the Saxons, cap, 2. sect. 8, 9. There are some Lawes relating to the Church. In theqPrisons Laws, chap. 18. There is this Law concerning the LORDS DAY, Qui opus servile die Dominico fecerit, ultra Laubachi, sol: 12. in caeteris locis Prisiae 4. Sol. culpa∣bilis 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 ther Lawes of the Lombards, l. 1. tit. 2. chap. 2. lib. 2. tit. 8, 38, 39. lib. 3. tit. 1. De Episcopis & Clericis, tit. 3. De decimis. tit. 10. De Rect••ibus Ecclesiarum, tit. 11. De Pontificibus, tit. 26. De excommunicatione and tit. 30. 32, 40, are wholly Ecclestasticall.s In the Lawes and Constitutions of those of Naple and Sicily made in the yeare 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 meerely Ecclesiasticall concerning Religion, the Church, and Clergie.

Not to mention the many Ecclesiasticall Lawers and edicts made by some of the Roman and Greeke Emperors, with the consent of their Senators, re∣corded inrIustinian, in Codice Theodosij, lib. 16. throughout, and many of them inserted by Gratian himselfe into his Decrees and body of the Canon Law, and reduced under severall heads by Paulus Windeck in his Theologia Iu∣riscon•••torum: & Canonum & Legum Consensus: Not to rehearse the many Lawes and edicts of the German Emperors Princes, Diets, touching Religion and Church affaires of all sorts, mentioned scatteringly in Abbas Us∣eigensis, Sabellicus, Rerum Germanicarum Scriptures, Ioannes Aventinus Au∣alium, Boyorum, Master Fox, Fasciculus Rerum expetendarum, Hermaennus 〈◊〉. Grimstons Imperiall History, Constitutiones Imperat, Parisijs 1606. 〈◊〉 Comment; Chytraus Chron: Saxoniae; and Augustana Confessto fidei & Dictrina, Electorum, Principum, & Ordinum Imperij, atque corundem Theolo∣gorum Page  88 qui Augustanam Confessionem amplectuntu, subscribed by all the Prote∣stant Princes, Dukes Earles, Barons, Councels, Senates & Senators of Germany: presented to the Emperor, and printed, yea reprinted, by all their speciall Com∣mands, Lipsiae 1584. together with the severall Confession of all the Prote∣stant Churches in Germany and elsewhere, recorded in the Harmony of Confessi∣ons; which were made, published, established, by the severall Protestant States to Diets or Parliaments by common consent of the Nobles, Magistrates Senates, & Ministers of those Churches, not by the Clergy alone) are a sufficient demon∣stration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith, Discipline, and Government. In few words, I dare averre, that there is never a forraigne Christian Empire, Kingdome or Republike in the world whether Protestant or Popish, but hath in their Parliaments, Diers Se∣nates, made sundry Lawes concerning matters of Faith, Government, Disci∣pline, Clergiemen, and all Ecclesiasticall affaires, yea for the establishment of that Religion, Church Government and Discipline in present use among them, as their severall Laws and Constitutions will abundantly manifest, to any who have vacancy to peruse them.

I shall close up this Section, with some presidents of the Parliaments of Ire∣land, and Scotland, which have most affinity to the Parliaments of England.

Among the printed Statutes of Ireland,*collected by Master Belton: I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland, 36. H. 6. c. 1. That Beneficed persons shall keep Residence, 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome, and that pardons made to such as purchase them thence shall be voyde, 10. H. 7. c. 5. Against provisors from Rome, 25. H. 8. c. 2. For uniting the Personage of Cantrim, to the Priory of Saint Peters, 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland, ch. 8. and 26. For payment of first-fruits, ch. 13. Against the Authority of the Bishops of Rome and chap. 14. 17, 18, 23. For other Ecclesiasticall matters, 33. H. 8. c. 6. Con∣concerning Mariages, cha. 12. For Tithes, chap. 14. For erecting of Vicaridges, 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses, 2. Eliz: chap. 1. For restoring to the Crowne the ancient Iurisdiction,* and the State Ecclesiasticall, and a∣bolishing all forraigne power repugnant to the same, cha. 2. For the uniformity of Common prayer and service in the Church, chap. 3. Concerning, first fruits and Personages impropriate, c. 4. For the conferring and consecrating of Archbishops and Bishops: 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since.

For Scotland, I finde many Ecclesiasticall Lawes concerning the Church, Church-men and all matters of Religion made in Parliament, and intermixed with their temporall Acts. To omit theuEcclesiasticall Lawes of King Keneth, mixed with his Temporal, enacted about the Yeare of our Lord 844. In the Statutes ofxK. William of Scotland made about the Yeare of our Lord 1170: chap: 32. Is, For maintaining the true Religion, and the Rights and li∣berties of haly Kirke, chapter 34. Of the honesty of Clarkes, King Robert the first in his Parliament holden at Scone with his Bishops, Abbots, Priors Eais, Barons, and other Noblemen of his Realme, to the honour of God and haly Kirke, with common advise and consent of all the Prelates and Freeholders Page  85 foresaide, and haile community in the 13. Yeare of his Raigne (to wit Anno 1319) made a law, chapter 〈◊〉. For the freedome of the Kirke and Kirkmen, and maintenance of true Religion: And the second Parliament of this King, chapter 1. Is, of Donation of Lands made to Religious persons: and chapter 14. Concernes Nunnes: Among the Statutes of King David the 2. the 12th chapter, is of Pilgranners; and chapter 42. For freedome of holy Kirke. Not to mention all the statutes made in the Parliaments of Scotland in times of Po∣pery, for advancing the Popes Authority, Masse, Prelacy, with sundry Doctrines and Ceremonies, abolished by subsequent Acts in times of Reformation; I shall only give you a briefe account of some of their Acts of Parliament, since beginning of reformation in that Kingdome.

I finde in Master John Knox his History of the reformation of the Church of Scotland, lib. 3, pag: 56, 57. in the London edition, 644. That in a Parliament held in Scotland: Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before, at the devotion of the Prelates, for the maintaining of their Kingdome of darknesse; to wit: That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue, neither yet any Tractate or exposition of any place of Scripture: which Act, after great debate in Parliament betweene the Nobility, Commons, and Clergie, was wholly repealed; and this Act of Parliament enacted: That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament, together with the benefis of other Treatises, containing wholsome doctrine, untill such time at the Prelates and other Church-men, should give and set forth unto them, a tran∣slation more correct. And so by Act of Parliament it was made free to all men, and women to reade the Scriptures in their vulgar tongue, and all Acts to the contrary abolished. This was no small victory of Christ Jesus, against the conjured enemies of his Verity.

In the yeare* 155 of the Protestants in Scotland petitioned both the Queene Regent, and likewise the Lords Barons, Burgesses, assembled there in Parliament, for repeale of severall Lawes formerly made against Heritickes, for prayers in, their vulgar Tongue, frequent preaching or interpretation of the Scriptures, due administration of the Sacraments of Baptisme and the Lords Supper Refor∣mation of the Church, Prelates and ecclesiasticall estate, their lives, Courts, and proceedings. And likewise entered a formall Protestation in the Parliament House. After this in the* yeare, 1560. The Protestant Barrons, Gentlemen Burgesses, and others of the Realme presented a large supplication to the Nobi∣lity 〈◊〉 States of Parliament then assembled; wherein they desired; the abolition of Idolatry, and such false Doctrin as we condemned by Gods word, by Act of that Parliament, and punishment to be appointed for the transgression: that the abuses and prosanations of the Sacraments of Jesus Christ, and of the true Discipline of the Church might be reformed. That the Popes usurped ecclesi∣asticall Authority might be abolished, and the Popish Clergy removed &c. Which application being read in the Audience of the whole Assembly; the Ba∣tons Ministers & other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would main∣taine, Page  104 and desire the present Parliament to establish as wholsome true and only necessary to be beleived, and to be received within the Realme, which they wil∣lingly accepted, and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland, con∣sisting of 25. Articles: which were read in face of Parliament, and after ratified by the three States of this Realme, at Edinburgh the 17. of Iuly, 1560. and by the whole body of the Parliament (which confession was againe ratified, Anno 1567. in the first Parliament of James the 6.) After which there was an Act made against the Masse, and the sayers and heares thereof, and another Act: for the abolishing of the Pope and his usurped Authority in Scotland After this a forme of Church Government and discipline was presented to the Nobility to peruse; but not then fully agreed on and setled. The like Petitions and, pro∣ceedings in ecclesiasticall affaires, I finde in the yeares, 1561. 1562. 1563. to 1580. 1581 1582. and that the Generall Assemblies of Scotland (in nature of a Councell or Synod) wherein they debated matters of Religion and Church-government, consisted not only of Ministers, but of Nobles, Gentlemen with other Laikes; and that their resolutions and Acts were not thought obligatory unlesse ratified by special Acts of Parliament, by which they still petitioned they might be confirmed.

Not to trouble the Reader over. long. I finde these ensuing ecclesiasticall Acts of Parliament in Scotland against provisions from Rome, Iam. 3. parl. 6. c. 43. Iam. 4. parl. 1. c. 4. parl. 5. c. 53. Iam. 5. paul 〈◊〉. c. 119. Against Working, Gaming playing, haunting of Taverines, Achuses, and using any sorvile worke on the SA∣BOTH-DAY Iam. 4. parl. 6. c. 83. Iam, 6. parl. 6: c. 70 parl. 4, c. 148 against A∣postacy, Idolatry, Masse the Pope, Semeniary Priests; Iesuites, uncommunicants, Po∣pery: as Iam. 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. Iam. 6. parl. 2. c. 14. parl. 7. c. 105, with sundry others, which you may finde mentioned and recired in the 5 and 6 Acts of the second Parlia∣ment of King Charles at the Sessions holden at Edinburgh the eleventh day of Iune, 1640 & Regiam Majestat•• to which for brevity, 〈◊〉 referre the Reader.

I shall conclude with, the Ecclesiasticall Acts made in the severall Sessions of the second Parliament of King Charles held at Edinburgh in the yeare 1640, and 1642, where in the presens government of the Church of Scotland, to∣gether with their profession of Faith, nationall Covenant, and all Ecclesiasticall matters whatsoever were fully settled and ratified. In the first Session of this Parliament, I finde these ensuing Ecclesiasticall 〈◊〉 enacted. Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY, which are recited in, and ratified approved, & perpetually confirmed by this law. Act. 5. Anent the Ratification of the Covenant, and of the Assemblies Supplication, Act of Councels and Act of Assymbly concerning the Covinant and confession of Faith (formerly made and subscribed sundry times) here in recited, and confirmed. In which Act sundry lawes formerly made against Popish Idolatry, superstitious Doctrine, Papists, Seminary priests, Iesuits, Papisticall Ceremonies, Masse, the Popes iu∣risdiction, Page  109 the reformation of the Church, and maintenace of Gods true religion, are recapitulated, confirmed. Acts 6. Rescissory; repealing divers former Acts concerning Archbishops, Bishops with other Prelates, their unjust jurisdiction and authority. Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default. Acts 8. Anent admission of Ministers to Kirkes which belong to Bishopricks. Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day. Acts 10. discharging, Salmon fishing upon the Sabbath day. Acts 11. Against Papists. Acts 12. discharging the Zule vacancy (or Christmas) Act 13. discharging Monday market in Edinburgh and elsewhere, as occasioning great prophanation of the Sunday, and distracting men from Gods publike wor∣ship and Service. Acts 14. For taking order with the abuse committed on the Sabbath day &c. Acts 15. Directing Letters of horning against excom∣municated persons: to which I might adde Acts 16. 29, 30. 32. 37, 38, having relation to the Church, and defence of Religion: And Session second of this Parliament, 1641. Acts 8. 9 10, 11, (for abolishing the Monuments of Idola∣try) & 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 in∣considerable late privateopinions to the contrary, by whomsoever broached.

Section 4.

Containing certain Corollaries from the premised Sections, against the In∣pugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government, Discipline, Religion: Together with a com∣pleat Answer to Master Iohn Goodwins pretended Authorities, my deare Brother Burtons, and others Arguments to the contrary, in Iustificae∣tion of their Independent way, in some late Publications; the substance whereof is here clearely refuted; and this point among others, cleared; That just humane Civill or Ecclesiasticall Lawes binde the conscience in point of obedience, And that there is no exact set forme of Church go∣vernment universally prescribed in Scripture to all Churches.

IN the precedent Sections, I have (according to my solemne Covenant and Protestation) abundantly cleared the ancient unquestionable Iurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion, Church-government, Discipline, by multitudes of expresse Presidents in all Ages, and Authorities of all kindes: I shall in the next place Dissipate all those empty clouds of objections, which endeavour to obscure this clear-shi∣ning Verity; by deducing some Corollaries from the premises, and then re∣futing the principle late objections against the same.

The first Corollary is this: That Bishop Laudes desperate Positions, in his Anti-Parliamentary paper of Hopes and Feares, about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments: That the Parliament Page  106 House, one or both, can be no competent Iudge in any point of Doctrine. That the Papists insult over us by this meanes, and call it Parliamentary Religion. That the King suffers by this as much or more than the Church: For in the Statute of sub∣mission of the Clergie, the King and the Convocation are Judges of all Ecclesiasticall Causes. An. 25 H. 8. c. 19. And why should the Parliament take this from either? That he should have little hope of good successe in Parliament, till they leave med∣ling with the Church. Are all dangerous false Positions, exceeding derogatory and destructive to the indubitable ancient Rights, priviledges, and power of our Parliaments, constantly exercised and enjoyed without dispute, even in the darkest times of Popery, and highest Ruffe of Pope, of Prelates; and ever since the Reformation admitted without any opposition but by Popish Priests and Iesuits,*as the forequoted passages of Bishop Jewell, and Bishop Bilson, withall the premises manifest.

Secondly, That Master John Goodwins late printed passages against the Ec∣clesiastical jurisdiction of Parliaments (seconded in substance by some* other Independents) viz.*

That the generality and promiscuous multitude of the world, who have a right of nominating persons to Parliamentary trust and power, are but a SECVLAR ROOT, out of which the Independent Bre∣thren CONCEIVE AN IMPOSSIBILITY that a spirituall extraction should be made: That a man may as well bring a cleane thing out of an un∣cleane (in Iobs expression) as make A SPIRITVALL EXTRACTION out of this SECVLAR ROOT, who have NO Authority nor power from Christ to nominate or appoint who shall be the men that shall order the af∣faires of Christs Kingdom or institute the government of his Church. That therefore there is AN IMPOSSIBILITY, that a legitimate Ecclesiasticall power, should according to the minde of Christ, or any precept or prefident of Scripture, be by them conferred VPON ANY MAN, OR THAT THE PERSONS SO ELECTED SHOVLD HAVE A POWER by vertue of such nomination or election TO ENACT LAWES OR STATVTES IN MATTERS OF RELIGION, and TO ORDER VNDER MVLCTS & PAENATIES, HOW MEN SHALL WORSHIP and SERVE GOD &c. Are diametrally opposite to the ancient priviledges and undoubted Ecclesia∣gicall Authority of Parliaments, which they pluck up by the very roots;
and altogether as bad as, if not far worse than Bishop Laudes, with whom he sym∣bolizeth in this particular, (which I have* elswhere answered & fully resuted.)

These Passages of his were first unseasonably vented by him in a Sermon in Colemanstreet, 25 February 1643. to what other end, unlesse to prepare his Au∣ditors to slight or reject what ever forme of Church-government the Parlia∣ment should prescribe or settle, I cannot discerne; for which (with other parti∣culars) being questioned before the Committee for plundered Ministers, even pending the complaint there, he presumed to justifie them againe very un∣seasonably in the Pulpit on a solemne Fast day, and likewise in two printed Books to one wherof he prefixed his name, in high affront of that Committee which suspended him and contempt of the Parliaments Authority not to be paralleld in any age, by any person, for ought I finde. Which audaciousnesse of Page  107 his, who pretended so much respect and honour to the Parliament heretofore, engaged me (according to my Covenant and Protestation,) to give a publicke answer in print to these scandalous passages, in vindication of the Parliaments indubitable Right and Priviledge, to intermeddle in and make Lawes for all Church matters (as I have manifested by a cloud of witnesses in all ages in the foregoing Section) and so farre incensed the Committee against him; that they sequestred him from his living in Colemanstreet, for the very things I mentioned in my Full Reply, &c. and ordered the passages in his Sermon and Theomachia, to be specially reported to the House with all expedition, as an un∣sufferable affront, and presumptnons under mining of their Priviledges, which they could neither in honour, nor justice connive at, without exemplary punishment, and censure. And yet this Gentleman since this censure hath had the bold∣nesse in another Pamphlet of his (to which hee hath prefixed his name) Inti∣tuled INNOCENCIES TRIVMPH, (an unfitting Title for a sequestred No∣cent) to deny those very matters of fact, which he voluntarily confessed in my hearing before the Committee for which he was sequestred; and to justifie his forementioned scandalous passages, in such a daring way, as cannot bee paralleld.

For first he professeth, p. 2. That he hath not denyed the least dram or scruple of [ 1] that power (belike he hath weighed it exactly in the scales) which is truly Par∣liamentary, and consistent with the Word of the great and glorious God: of which misdemeanour he is not in the least measure conscious to himselfe as yet.

This manifestes him incorrigible, impenitent after censure, proclaims him that which this whole Pamphlet vainly endeavours to acquit him from; One who hath presumptuously undermined the undoubted Priviledges of Parliaments and here trebles in his former offences.

Secondly, he averreth, that what he formerly preached and writ, was out of [ 2] a loving,* & tender affectionate jealousie over the Parliament, lest possibly they might dash their foot against that stone, by which all Rule, all Authority and power will one day be broken in pieces. So that if his tongue or pen, have in the least miscar∣ried in this point, it was Error Amoris, not Amor erroris: he being extreamly jea∣lous over the Parliament, lest they should touch with any Title or claime the most sacred and incommunicable Royalties and privilledges of Heaven, and so count it no robbery to make themselves equall to God: knowing most assuredly, that this is a most high provocation to the eyes of the most High, and IF CONTINUED IN, will kindle a fire in the breast of him, whose name is Iehovah, which will con∣sume and devoure, &c.

But good Sir, first, can any rationall man thinke (though you should pro∣test it ten thousand times over) that such Anti-Parliamentary passages as yours are, should proceed from your love to Parliaments? The blindest charity (I feare) will hardly credit it; that a friend to Parliaments should thus successively Preach and Print against their jurisdiction, more desperatly than the worst Malignant, Royalist, Cavalier, or the Arch-Prelate himselfe, as you have apparently done.

Secondly, If this proceeded from such affectionate jealousie over the Page  108 Parliament: I pray what made you so strangely, if not magnantly jealous over them, as to feare and presume, they might dash their feet against that stone by which all power shall bee broken in peeces; claime the most sacred and in∣communicable priviledges and royalties of Heaven to themselves, and count it no robbery to make themselves equall with God? Did the Parliament ever give you the least colour or occasion of any such uncharitable, unchristian, that I say not detestable jealousie? could you have harder or more jealous thoughts than these of the very Pope or Turke himselfe, or of that great Antichrist,*who exalts himselfe above all that is called God? Can such jealousies as these issued from any but a rancorous or disaffected heart against Parliaments? or did ever such execrable jealousies as these proceed from the heart, tongue, much lesse the pen of any Oxford Aulicus, or most venemous Malignant to our Parliament? Doe their calling of an Assembly of most pious and conscien∣tious Divines of all sorts, to reforme our Church, and conforme its Govern∣ment, Discipline in all things as neere as possible to the Word of God, with all their religious proceedings in this kinde, infuse any such jealousie into you? If not, then for shame retract these your groundlesse fanaticke jealousies of, and uncharitable hard thoughts against the Parliament; else the world will censure you an Arch-Malignant, and the greatest Enemie to our Parliament that ever yet appeared openly in Presse or Pulpit, within the lines of Commu∣nication, if not without them to.

Thirdly, had you had any just cause of such a jealousie, yet it had bin your du∣ty to have privately informed your friends in Parliament with, it in a brother∣ly Christian way: but to publish these your brain-sick jealousies, and suspi∣tions 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 priviledges of heaven, and counted it no robbery to make themselves equall 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 reall end of these your Anti∣parliamentary Sermons, writings) is such a transcendent crime, and high affront against the Parliament, as you are never able to expiate; and is so farre from extenuating that it aggravates your former offences beyond expression.

Fourthly, Your last clause: And if continued, &c. intimates and speakes ound without any straining, that the Parliament for the present are guilty of dashing their foote against Christ the Rocke; of claiming the most sacred and in∣communicable royalties and priviledges of heaven, and making themselves equall 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, dif∣ferent from your new way) it is such an high provocation against the most high, as will kindle a fire in the brest of him whose name is Jehovah; which will con∣sume and devoure; &c. Could all the Malignant and Prelaticall party in Eng∣land lay a greater, wickeder or more unjust scandall in our Parliament then this, or more defame them then by such a false report? enough to fire the whole Page  109 Kingdome against them, as well as Gods wrath? Certainly Master Goodwin, I must tell you freely without malice or uncharitablenes, (and I beseech you par∣don my zeale in this particular) that your Iealousie 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 feare your Book demerits the fire, to purge out this drosse: yea all the late teares 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. Hee professeth, that in case he hath said or written any thing detractory [ 3] to the undoubted priviledges of Parliament;* yet my Inditement against him, that he did it,*PRESVMTVOVSLY, is such a charge, which men, whose un∣grounded zeale hath not eaten out the heart of their Charity, cannot lightly but re∣charge with unreasonablenesse, and utter unlikely-hood.

Sir, I dare affirme upon good grounds that you did this presumptuously, as I charge it;*Grammarians, Lawyers and Divines informs us, that the Word Pre∣sumptuous, comes from the verbe, Praesumo; which signifies, to forestall, to con∣ceive before hand, to usurpe or take that upon him which belongs not to him; to doe a thing before a man bee lawfully called to it, which belongs not properly to him, or to doe a thing boldly, confidently, or rashly without good grounds, or against Authority, or Lawes, or upon hopes of impunity. He that doth ought in any of these sen∣ces, 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 Parlia∣ments and Assemblies pious resolutions, to settle one uniforme Church-Go∣vernment, and suppresse all private Coventicles of Sectaries or Anabaptists con∣trary to it. 2.* To establish support that Independent way, which you had be∣fore hand without any lawful warrant, conceived, ere the Parliament had made choyce of, or setled any Church-Government for you; as the whole Tenor of your Bookes and Sermons evidence. Thirdly, It was no lesse then high pre∣sumption in you, being a meere Divine, and a man altogether ignorant of, or unskilfull in the ancient Rights and Priviledges of our Parliament (as your writings demonstrate, and your selfe intimate, p. 5.) to undertake to deter∣mine and judge of them so peremptorily, and in such manner as you have done: When as if you had known any thing concerning the Rights of Parli∣aments, you might have learned this among other things; That Divines are no competent Iudges of Parliaments Priviledges: That the Priviledges, Rights, and customes of our Parliaments, are only to be judged and determined by the Parliament it selfe, not in or by any other inferior Court, much lesse in a Pulpit That the power and jurisdiction of the Parliament for making of Lawes, is so transcendent and absolute, as it cannot bee confined to causes or persons within any bounds; and that the state and defence of the Church of England is the very first matter and care of the Parliament of England; as all the pre∣mised Presidents manifest, and Sir*Edward Cooke with others might have in∣formed you. And for a man to undertake to judge of that which is above his power; is expresly defined to bee presumption, by Richardus de Media villa Page  110 in 3. Sententiar: Distinct, 26. and other Schoolemen on that place; and by Summa Angelica, Tit. Praesumptus. Fourthly, You had no lawfull calling nor warrant from Gods Word, or our Lawes to handle the Iurisdictions 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 Ecclesiasticall Lawes and descitions: Therefore in this you were presump∣tuous, by the Scriptures owne 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 pri∣viledges of Parliament, yet you in a daring manner, whiles you were under examination, audaciously preached over the same againe in substance in your Pulpit on a solemne Fast day, and published them with additions in no lesse then two printed Bookes: Yea since your very censure by the Committee for them, you have in a higher straine then ever, gone on to justifie them in print once more, in your Innocencies Triumph; (like an incorrigible delinquent) wherein you slander the Parliament more then before, and shew your selfe a man*dispising Government (at least any Church-Government, the Parliament shall establish not suitable to your fancy) selfe-willed, and even speaking evill of Dignities in your forementioned clauses & others: Therefore in this regard you are superlatively presumptuous, by St. Peters resolution: Yea most men, whose ungrounded zeale to your new way hath not eaten out his braines, and reason too, must readily acknowledge it, notwithstanding your two reasons to the con∣trary: To wit, First, your former uninterrupted zeale to this Parliament and its cause: (you meane perchance before you were an Independent, and since, whiles you thought it would embrace your new way) which doth but aggra∣vate your subsequent opposition in presse and Pulpit, against its undoubted ju∣risdiction. 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 lawfull power of Parliaments and civill Magistrates, as you have plentifully done, even with some colour of reason, as well as insanire cum ra∣tione: which is all I shall answer to your reasons.

[ 4] Fourthly, Hee writes, Let Master Prynne, Or any other evict mee, of any wilfull or unwilfull violation of the priviledges of Parliament (and I shall bee as willing as willingnesse it selfe can make me to further such a conviction) and no man shall be more ready then I to crave their pardon,* or undergoe their Justice; nay, I shall repent my selfe and abhor my errour in dust and ashes.

Certainely this your promised late Repentance (which is yet contingent, and improbable, after so many publike offronts and oppositions against the power and proceedings of Parliament) will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament; yet late repentance being better then none at all; I shall now challenge you to make good this your promise, since your owne Conscience and judgment cannot but informe you, I have written enough in the former Sections to e∣vict and convince you and all the world besides, that you have not only viola∣ted, but denyed, oppugned those priviledges of Parliament in Ecclesiasticall Page  111 affaires, which our owne Parliaments in all ages, and Parliamentary Assem∣blies in all other Kingdomes have unquestionably exercised, enjoyed without any such publique opposition as you have made against them. And if you now make not good your promise, few or none will ever credit you hereafter.

5ly. For the Authors you cite to justifie yourselfe; they are miserably wrested and mistaken for the most part. The first you quote is Master Edwards: who maintaines point blancke against you throughout his Treatise, a*Legislative and coerceive power in Parliaments and civil Majestrates, even in Church-affaires and matters of Religion, in the very pages you quote, and else where There∣fore you palpably abuse the Author and Reader in quoting him to the contrary, who is so point-blancke against you.

For the passage you quote out of his Page, 256. The Parliament interposeth no Authority to determine what government shall be: whence you inferre (p. 7.) Therefore his opinion appeares to be, either that the Parliament hath No autho∣rity, 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 de∣clared the old prelaticall Lordly government to be abolished, and called an Assembly to advise with about a New. But to inferre from thence as you doe: Therefore his opinion is, either that the Parliament hath no Authority, or at least intends not to make use of it in determining a Government, Is an inference quite contrary to the next ensuing words, and pages; to the whole scope of the Authors Booke;*Humbly submitted to the Honourable houses of Parliament: contrary to his expresse words: p. 138. 281. to all his reasons against Toleration of your Way, and to the Parliaments intent in calling the Assembly to assist them in determi∣ning and setling a Church-government agreable to Gods word. Be ashamed therefore of this grosse perversion of your first Authors passages, diametrally contrary to this meaning.*

Your Passages out of Master Hayward, Bishop Iewell, Master Fox, Mr. Cal∣vin, Iacobus Acontius, Junius, Peter Martyr, and Gulielmus Appolonius, make nothing at all against the Legislative Authority of Parliaments, in matters of Religion and Church government, and have no a••inity with your Passages, words, most of them (& Bishop Iewel especially as I have* already proved, vindi∣cating) propugning the very ecclesiastical power of Parliaments which you op∣pugne Indeed some of their words seeme to diminish the Coercive power of Ma∣jestrats, & enforcing of mens consciences in matters of Religion, which I shal answer in due place, and manifest how you abuse the Authors herein as well as Mr. Ed∣wards (not hitherto answered by any of your party,)* but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion, discipline and Church-government, I am yet to seeke.

For the Passages he aleageth out of the Divines of Scotland, That the Prince or Majestrate, may not make or publish any Ecclesiasticall Law without the free assent of the Clergy, &c. That he may not by HIMSELFE define or direct such matters, nor make any Lawes therein: That the King hath not a Nomo∣theticke Page  112 Legislative Power in matters ecclesiasticall in a constitute Church. That the ordinary power of the King is not to make Ecclesiasticall Lawes. &c.

I Answer,* 1. That their only meaning (if I mistake not) in these passages is, that the Prince or chiefe civill Majestrate of HIMSELFE, without a Parliament, or without the assistance and consent of his Nobles, Commons, Clergy, cannot legally make any ecclesiasticall Lawes to obliege his people: upon which reason our Brethren of Scotl. rejected the late*New service booke and Canons, and our selves the late Canons & &c Oath (which Canterbury wold have obtruded on us) because they were made and prescribed only by the Kings Authority and the Prelates or Convocations, not the Parliaments; upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall. But that the King, or supreame temporall Majestrates assisted by a Par∣liament and Orthdox Divines, may not make binding ecclesiasticall Lawes; or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike (the only point controversed) is directly contrary both to the con∣stant Doctrine and Practise of our Brethren and their Church used ever since the Reformation, & to the proceedings of their last Parliaments and ge∣nerall 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 Eng∣land or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment; when as their Bookes, Actions, addresses to our present Parliament, their presence, assistance in our Assembly, proclaimes the contrary: And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 (since confirmed by severall Acts of Par∣liament) doth the like. But admit all those Authors really (as not one of them is in verity) opposite to the Ecclesiasticall Jurisdiction, and Legislative power of Parliaments, yet the unanimous practise and resolution of all Christian Realmes, Synods Parliaments, in all ages, contrary to their private novell opini∣ons, is sufficient infinitly to overbalance them in the Judgements of all prudent men. And thus much for Mr. Goodwins Innocencies tryumph, as to the present point.

I shall next apply my selfe to Answer such Objections as my deare Brother, Master Henry Burton, hath lately made against the premises; in his Vindication to my 12. Queeres touching Church-Government, & my Independency examined.

His first and principall Objection is this,a That every particular Church now,b consisting of visible Saints, is under Christ as the SOLE Head, King, Governour, Law-giver of it: and so is subject to no other jurisdiction then that of Christ, his Spirit, his Word:

We hold, that every particular Church is un∣der Christs Government, as the SOLE Head King, Lord, & Governour thereof That it is a spirituall House, whose only builder and Governour is Christ, and not man. A spirituall Kingdome, whose only King is Christ, and not man. A spirituall Republique, whose only Law-giver is Christ, and not man. A spiri∣tuall Corporation, whose only head is Christ and not man. That no man, nor power on earth, hath a Kingly power over this Kingdome. That no earthly Law-givers may give Lawes to this Kingdome or Republique. That no man may claime or exercise a head-ship over this body. That no man can or ought Page  113 to take the Government of this Communion of Saints. That* men may not ap∣point, limit, constitute what Congregations of all sorts they please, to be Chur∣ches of Christ, as Nations and Parishes. That Christ is King over every mans conscience, so that no power on earth, may sit with him in this his Thror, &c. yea so as no human power not Law may intermeddle to prescribe rules for the Go∣vernment or formes of this Church of Christ. That the Children of those Parents who will not thus acknowledge Christ to be their only King and Law-giver, and are ashamed or afraid to be thus in Covenant with Christ, (in the Indepen∣dents way) as their King, are not to be baptized; such Parents not being within the Covenant. (A very hard and uncharitable censure of all Churches, Persons, who are not Independent) That Christ is the ONLY Potentate Law-giver, Lord, King, Governour over Churches, and not men. Not Councells or Senates: That this is Christs Royall Prerogative which is incommunicable to ANY or All the powers on earth. That Christ hath not delegated his Kingly Office, to any Princes, Magistrates PARLIAMENTS to set up any forme of Worship, of Church-Government, who have no authority to make Lawes to rule or binde any particular Churches: and if they make any such they shall be apt to transgresse them: but yet men must take heed how they punish them for that transgression with any enseresciderdum,* or Club-law. This is the summe and (oft repeted) Argument of my deare Brothers Booke.

To give a satisfactory Answer to this Objection; I shall first demand of my dear Brother: what he meanes by this frequently incultated assertion; That every particular Church is under Christ as the only Head, King, Lawgiver, Lord and Governour thereof, &c. and that none ought to have any power, rule or Juris∣diction in the Church but Christ alone? If he intends, that he is the only immedi¦ate HEAD, KING, Law-giver, and Governour, as he clearely doth, I desire some solid scripture proofes for it, since he produceth none to evince it; the rather, because it is quite contrary to sundry expres Texts, which stile Kings, Majestrates, Ministersb Heigher powers, Rulers, Overseers, Fathers, Nursing-Fathers, Pastors,, of & over their Churches, people flocks, who are ever enjoyned to obey & submit unto them; yeacRulers of the Templ, Congregation Church Rulers, Chife Rulers of the Synagogu:ay sometimesdGods sitting upon Gods, throne, to whom men must yeeld obedience for the Lords sake, as to Gods & Christs Vicegerents and Embassadours. Yea Brother, your selfe informe us out of Scrip∣ture, pag. 51. That the members of Christs body are Superiour, and inferiour; as Pastors, Teachers, Teaching and RVLING Elders, Helps, GOVERNMENTS Bishops (or OVERSEERS) &c. If Christ then be the onely Head, King, Ru∣ler, Shephard, Governour of his Church, and none else, in that sense you ob∣ject; what will become of these Pastors, Ruling-Elders, Governours Over∣seers, which you averre, Christ hath fixed in his Churches? What will be∣come of those Independent Ministers, who take upon them (like absolute kings Popes, Lawgivers) to erect gather new Chruches of their own forming, and prescribe both Lawes, Rules, Covenants, to them which Christ never made? Brother, you must expunge the 1 Tim. 5. 17,fLet the Elders that RULE well, be counted worthy of double honour: Rom. 13. 1. Let every soule BEE Page  115 SVBIECT to the HIGHER POWERS, &c. even for CONSCIENCE SAKE: Tit. 3. 1. Put them in minde to be subject to Principalities and Pow∣ers, to obey Magistrates, &c. Heb. 12. 17. Obey them that have THE RULE OVER YOU, and SVBMIT your selves, for they watch for your soules, as they that must give an account, &c. Remember, Salute all them that have the RVLE OVER YOV: 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 bloud. Rom. 12. 8. HE that RVLETH let him do it with diligence. 2 Chron. 9. 8. Blessed be the Lord thy God, who de∣lighted in thee to set thee VPON HIS THRONE, to BE KING FOR THE LORD THY GOD, &c. with infinite other Texts; yea the very names of Kings, Princes, Governours, 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, Ru∣ler, Governour, Lawgiver of his Church, in the sence you here object it: and that no person nor humane power whatsoever, hath or ought to have any rule, power, or jurisdiction in or over the Churches & people of God. But if you meane no more, but that Christ is thegonely supreame Head, King, Lord, Governour, Lawgiver, Pastor, and Ruler of his Church; and that all other Kings, Princes, Magistrates, Rulers, Pastors, Ministers, Governours are subordinate unto him, as to the King of Kings, Lord of Lords, and chiefe Shepheard of his flock: your proposition is true, but your conclusion miserably false; that therfore there are no subordinate Kings, Magistrates, Rulers, Pastors, Gover∣nours, Lawgivers under him, to rule, governe, order, instruct, direct his Churches and people; which the forequoted Texts, your owne experience, reason, and the whole world will contradict.

[ 2] Secondly, I shall demand of my Brother, how he proves all his foremen∣tioned Paradoxes concerning Christ and the Church, in the sense he propounds them? Or, that his own, or other Independent Churches lately gathered, ere∣cted by no other but by men, and consederated by a new Covenant, framed by men, not Christ:h to be built governed, ordered onely by Christ, and not men? to be the spirituall Kingdome of Christ, &c. whole onely King, Governour, Head, is Christ and not man? Or in what Text he can shew me any particular Indepen∣dent Church stiled, Christs spirituall Kingdom and Republike? I find it prophesied. Revl. 11. 15. That when the seventh Angel foundeth, The KING∣DOMES of this World (which must be meant of Nationall Churches which you deny, not of Particular Congregations, which are no such Kingdoms) shall become the Kingdomes of the Lord and of his Christ.i That all the ends of the World shall turne unto the Lord, and all the kindreds of the Nations shall worship before him: for THE KINGDOME is the Lords, and he is the Gover∣nour among the NATIONS:k 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 earthl That all DOMINIONS shall serve and obey him: That the KINGDOMES of the earth shall sing unto the Lord, &c. (All pregnant proofs of Nationall Churches, which should serve and obey Page  114 Christ:) But that Independent particular Congregations of visible Saints, and they only should be Christs Kingdom, Republick, and Governed immediately by him, rests yet on my Brothers part to make proofe of, when he is able.

Thirdly, I shall request my Brothers to satisfie me & others, by that Texts [ 3] he can make good these Paradoxes of his; Thatm

those who will not sub∣mit to his Independent Church-government, Covenant, & become mem∣bers of such Churches, have no interest in the Covenant. Sacraments, or Seal of the Covenant, or right to any Church-Communion. That they are not within the Covenant visibly; and therefore their Children not visibly to bee baptized; That they professe not Christ to be their King, and are afraid, or ashamed to be in Covenant with Christ as their King? &c.
Do not these un∣charitable Paradoxes (good Brother) un-Church, un-Saint all Christians and reformed Churches whatsoever, which submit not to your new way? exclu∣ding both them and their Children from the Covenant and Seales of Grace, and all Church-communion, at least in and among your Congregations, as professed enemies to the Kingdome and Soveraignty of Christ? Is not this the very language, Doctrine of the Antichristian Church of Rome: who vaunts
herself the onely true Church of Christ, out of which there is no sal∣vation, un-Churching all Churches, and un-Saincting all Christians but their owne professed members, as haeretickes, Schismaticks and enemies to Christ?
yea, is it not an higher strain of spirituall pride and uncharitable Behaviour against your brethren then ever the Donatists or Nouatians broached? I be∣seech you deare Brother, in the bowels of Christ, to consider and recant these harsh passages, which you can never justifie before God or men and have given great offence to many who cordially affect you.

These generall questions being demanded, I shall next addresse my selfe to a more particular answer of the premised Objection,* by reducing it into these Logical arguments,* which wil best detect the fallacies imbecillities of it. The first is this. Christ is the only immediate supreame King, Head Ruler and Governour of every particular Church: Ergo, no Kings Parliaments, Councels, Synode,nor any human Power can make any Lawes, Rules, Canons for the setling of Religion or reforming, Governing, well ordering of any particular Churches of Christ. This is the summe of all my Brothers Passages.

I answer that this is a meere Independent Argument; which will introduce a world of absurdities if admitted; as I shall cleare by these following Instances.

1. The Scripture is expressenThat God himselfe is King yea a great King, over all the earth; That Christ is the ONLY Potentate; the King of Kings and Lord of Lords yea a great King over all Gods: That all the Kingdomes and Nations of the earth are the Lords and that he giveth them to whomsoever he will That his king∣dome ruleth over all. Thato his is the greatnes, the Kingdom the power and the glory and the Majesty: that all that is in the Heaven and in the Earth are his: that he is exalted as head over all and raigneth over all, That he is Lord and King of all as well of their bodies, estates, as soules and consciences. Ergo, (By my Bro∣thers forme of Arguing.) No Kings, Parliaments Potentates Rulers Kingdoms Republikes, ought to make any Lawes for the government of their Realmes Page  116 publikes, Nations, Corporations, or the ordering of mens persons or temporall estates but God and Christ alone; and all particular Kingdomes, Societies, States, Corporations, Families, are and ought to be immediatly subject to no King, Ma∣jestrat, Parliament, or human power whatsoever, even in temporall things, but only to God and Christ.

2ly. God is more frequently stiled in ScripturepThe Lord of HOSTS and God of BATTLE, then he is called the only King of his Church; (a Title you can hardly show me in direct termes in sacred writ:) Yea, his power and providence principally appeares in mannnaging and disposing all occurrences and particulars concerning Hosts, Armies Battles, as your Brother Burroughs in his Glorious name of the Lord of Hosts, hath largely manifested, Ergo (by this Lo∣gicke) No King, Parliament, Generall, Captaine or Councell of Warre may or ought to make or prescribe any Martiall Lawes for the regulating governing, mustering Marshaling, or disciplyning of their Hosts, but God alone.

3ly. Christ is our onlyqSoveraigne Lord, Master, Father, Ergo no Landlord Master, Father, ought to prescribe any Lawes, Rules, orders for the better Go∣vernment of their Tenants, servants, families, Children, but Christ alone, by your argumentation.

4ly. Christ is therchiefe 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, teach∣ing Elders Pastors, Teachers to instruct Vs henceforth; who are but men and not Christ himselfe.

5ly. Christ is the onlysMediator, Advocate, Intercessor for his Church and people, Ergo none ought by their Prayers andtintercessions to soltcite the throne of Grace for the peace, prosperity, reformation and deliverance of Christs Churches, and people, but Christ alone. Ministers must not pray for their people, nor Saints one for another, noreither of them for the whole Church of God; if your Argu∣mentation be solid.

6ly. If this argument stand firme, then marke the inevitable consequences of it. Independent Subjects will argue with their Princes, Majestrates Superiors, thus. Christ is our only King, Head, Lord. Therefore we must not be subject to any Lawes and commands what soever, but only to the lawes and precepts of Christ, Wives, Children servants will reason thus; Christ is our onely Head, Husband, King, Lord, Father, Master. Therefore we will not, we ought not to be subject to any of the Lawes, Orders, precepts of our Husbands, Parents, Ministers, but only to the immediate Rules, Laws, edicts of Christ himselfe. Mutinous or In∣dependent Souldiers will thus argue with their Generalls and Commanders. Christ is our only Captaine, Generall and our Lord of Hosts, Ergo we will be commanded; conducted ordered by none but Christ, not by any other Captain or Generall whatsoever. Nay people and every member of your Independent Con∣gregations upon any discontent wil thus dispute with their Ministers Ruling El∣ders Congregations. Christ is our only head King, lawgiver. Judg. Therefore nei∣ther Councels Synods, nor any Independent Ministers or Congregations may prescribe any Laws, covenants, Orders, or directions to us, or exercise any juris∣diction Page  117 eclesiasticall over us, or passe any censures upon us, but only Christ himselfe: Brother, if such Antimonarchicall, Antiparliamentall, and Anarchicall Logicke and Divinity be ever taught and beleeved in the world (which cutts asunder the nerues, and dissolves the very foundation of all Governments and Relations whatsoever whether naturall, civill, or Ecclesiasticall) what an horrible confusion, will be immediatly produced, to the utter distruction of all King∣domes, Republiques, Churches, Families, Societies, Corporations in the World let all prudent men Judge. Yet this is the dangerous, Logicke, this the Foundation stone whereon your whole Independent fabrick is built, the absurdi∣ties and ill consequences whereof, I trust all will now at last discerne.

Secondly, I answer, That though Christ be the only King and supream Law∣giver of his Church; yet it followes not thence, that therfore no Parliament or humane power may or can make Lawes to order or governe the Churches and people of God by, but onely Christ. For (Brother)*your selfe will grant. 1. ThatyParliaments, Kings, and Synods may and ought to make Lawes to supposse and punish all manner of Idolatry, superstition, Impietie, prophanenesses, corruptions, Heresies, Doctrines, Opinions, and exorbitances whatsoever in their Churches, Ministers, people, that are contrary to the Word of God, the Lawes Doctrine, Government of Christ, or tending to the depravation, disturbance, or prejudice of the Church and Gospell. Secondly, they may publish Lawes and Canons to settle and establish the true Confession of the Christian saith, the sin∣cere 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 compell Ministers to doe their duties, and people diligently to repaire to all the Ordinances of God, to sanctifie the Lords day, and to observe extraordinary dayes of humiliation, and thanksgiving upon extraordinary occasions. Thirdly, They may enact Lawes and Ordinances to settle the places and times of publike Worship, and all necessary circumstances wch concern the same, not peremptorily determined in the Scriptures, & concer∣ning Church assemblies. Fourthly, They may enact Laws for the maintenance of Ministers of all necessary Church Officers, and for prayer, preaching reading the Word, administring receaving the Lords Supper, concerning ordination, Mariage, 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. Therfore Christs being the only King, Head, Ruler, and Lawgiver of his Church, is no impediment to Kings, Parliaments, by advise of Synods, to enact such Lawes as these; and so the Argument a meere Independent Nonse∣quitur.

Thirdly, Christ is thezKing, Lord, Head, and Lawgiver of every pri∣vate Christian or Member of a Congregation, as well as of every particular, or of the whole Catholik Church; and soa by your determination) he is subject to no other jurisdiction then that of Christ, his Spirit and Word: Yet I hopeb 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 speciall covenant and such Ecclesiasticall Rules, Orders, as the whole Congregati∣on Page  118 shall thinke meet, to which they must submit, under paine of excommunicati∣on, suspension, Non-communion, and denying baptisme to their Infants, as you plain∣ly intimate, (pag. 44. 45▪ 46, 62, 63.) Therefore these titles and Prerogatives of Christ, doe not deprive particular Churches of the power of prescribing co∣venants, Orders, Rules, and Canons to their Members; much lesse then whole Synods, Councells, Parliaments, of farre greater wisdom power Authority then particular Churches: And if private Churches may thus oblige their Members, then much more may Parliaments, Councells, 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, raigning in the heart and conscience of every true Beleever, He only is King over every mans Conscience, so as no man nor power on earth may sit with him in this his Throne. Therefore no Parliament, Councell, nor human power may prescribe Laws for the Government or ordering of the Church, for then of necessity man should be Lord over the Consci∣ence, 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; Whe∣ther Ecclesiasticall or Civill human Laws made and ratified by the supreame civill Magistrates & Parliament, bind & necessarily oblige us to obedience in point of con∣science, in case they be not contrary to Gods Word, for if they be, all grant theycdo not bind to obedience in point of Conscience. My Brother here holds the Nega∣tive, as an indisputable Maxime, That these Laws bind not the conscience, in point of Obedience to them: A very dangerous, false, unsound Position, tending to meere Anarchy, and contempt of all humane Lawes and lawfull Authority in Church or State: And for my own part, I clearely hold the Affirmative to be an undoubted truth. This question is largly debated and held affirmatively by lear∣ned Paraeus, Explicatio Dubiorum in c. 13. ad Romanos, Dubium 7. pag. 1413. to 1446. by Musculus, Peter Martyr, Marlorat, and DoctordWillet in their Commentaries on Rom. 13, with other Protestants on this Text, by Ursinus: in Exposit: secundi Praecepti, p. 299. by Theodoret; Ambrose, Beda, Anselme, and generally most ancient and modern Commentators on that Text by Alexan∣der Alensis: Summa Theologiae: Pars. 2. qu: 120. Artic 2. 3, 4. (with whom all other Shoolemen generally concurre:) Paulus Windek: Canonum & Le∣gum Consensus & Dissensus cap. 4. p. 12. Stapleton*: in Antid: p. 783. Bellar∣mine, 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 humane Lawes, I shall briefly lay downe the truth of the affirmative part, out of Pareus and Doctor Willet. in these insuing Propositions, and then propound the Affirmative, and an∣swer 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 Pro∣positions are these.

Page  119 That all just Civill, Ecclesiasticall, or Oeconomicall Laws and Ordinances made by the King and Parliament, or by lawfull Magistrates, Parents, Masters, Tutors, Superiors, which concerne the duties of the first or second Table, do bind the Con∣science, of themselves, and that simply, both in generall, and particular: That all good Laws made for the determining of any necessary circumstances of Gods Wor∣ship, or necessary and profitable for keeping the Commandements of the first and se∣cond Table, the advancement of Gods Honour and Service, the propagation of the Gospell, the peace and well ordering of the Church, State, Family; the performance of the externall publike or private exercises of Religion; Or to avoyd scandalls, Schismes, Errors, Innovations, Corruptions in the Church, or to bring men to the Ordinances and knowledge of the truth, doe of themselves binde the Conscience, at least in generall, because they tend to the observation of the morall Law, which wee are bound in Conscience to obey. That particular civill and Ecclesiasticall Laws, wherby the temporall Law givers not only signifie what is to be done, but likewise se∣riously intend to command it, and to obliege the infringers to an offence, doe in parti∣cular, and by themselves bind the Conscience under paine of sin and offence of God. That other particular Lawes may bind the Conscience, though not of themselves in regard of the thing commanded; yet by accident, when by their violation the Or∣der, Peace, or government of the Church or State is disturbed, the authority of the Law-givers and Magistrates dispised, or just scandall given to the Church, State, or any weake brethren. The Arguments to prove these positions follow.

1. Those Laws to which men must be obedient and subject even for Consci∣ence [ 1] sake, and that by Gods own command, must necessarily binde the Con∣cience. But to such Ecclesiasticall and Civill Lawes, as are sore-specified, men must bee obedient and subject, not only for wrath, but even for Conscience sake, Rom. 13. 1, 2, 5. Therefore they must necessarily binde the Conscience.

2. Those Lawes whose violation drawes both a temporall and spirituall [ 2] offence, guilt, and condemnation upon the infringers of them, must needs ob∣liege the conscience, because conscience is sensible of the offence or sinne com∣mitted, and dreads the punishment of it. But the violating of such humane Laws as are forementioned, draweseboth a temporall and Civill Offence, Guilt and judgment upon men, as the Apostle, yea every mans Conscience, and experience determines. Ergo, they binde the Conscience.

Those Lawes and Ordinances which God Himselfe enjoynes us to obey even for the Lords sake; must of necessity bind the Conscience, to ready obedi∣ence, because God Himselfe. (the Soveraigne and supreame Lord of the Con∣science) [ 3] commands us to obey them. But God Himselfe enjoynes us to obey the foresaid Lawes and Ordinances of men even for the Lords 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 butf Gods owne Deputy, Ordi∣nance, Minister, Vicegerent; in obeying whom wee obey, and in contemning whose Edicts, we contemne even God Himselfe, from whom they derive their Au∣thority, 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 Page  120 sence the very Ordinances and Lawes of God Himselfe, according to that reso∣lution of Saintg Bernard. Sive Deus sive homo, Vicarius Dei, mandatum quod∣cunque tradiderit, pari profecto obsequendum est cura, pari reverentia deferendum, ubi tamen Deo contraria non praecipit homo: Whichh Augustine thus se∣conds. In eare sola filius non debet obedire Patri suo, si aliquod Pater ipsius jus∣serit contra Dominum Deum ipsius. Ubi enim hoc jubet Pater quod contra Do∣minum non sit, sic audiendus est quomodo Deus, quia obedire Patri jussit Deus: which he proves by Gods blessing of the RECABITES for obeying their Fathers command in not drinking Wine Jer. 25. Vpon this very ground, Wives are commanded to submit themselves to their owne Husbands, as UNTO THE LORD; To bee subject to them, in every thing as the Church is to Christ, Eph. 5. 22, 24. Col. 3. 8.i Servants are commanded to bee obedient to their Masters according to the flesh,* with feare and trembling and singlenesse 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 Vnto 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 lawfull commands serve and obey, the Lord Christ Himselfe: as the Scripture positively resolves, then Christian subjects and Churches in obeying the lawfull Ecclesiasticall or Civill Lawes of their Princes and Parliaments, obey and serve Christ Himselfe therein, and so doe they who enact them; and not commit the highest presumption that can bee against the most Highest, as my Brother objects, without any authority but with his Ipse dixi.

Fifthly, Paul did endeavour and exercise himselfe to keepe a good Conscience alwayes 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*Pe∣ter commands servants to be subject to their Masters with all feare, not only to the good and gentle, but also to the froward; and even for CONSCIENCE TO∣WARDS GOOD, to endure griefe, and suffer wrongfully from them: and by the 1 Peter 3. 16. We are injoyned to have a GOOD CONSCIENCE Towards men who speake evill of us: Whence thus I argue. If a good Consci∣ence must bee carefully exercised and kept as well toward the lawfull precepts and lawes of Man as of God, then certainly they binde the Conscience as well as the Law of God: else what had conscience to do with them? But the supposi∣tion is most evident by the former texts; Therefore the deduction thence.

Sixthly, If such Lawes should not bind the conscience and inward man to the cheerfull practicall obedience of them; but only the purse and outward man, the obedience to them would bee lame or slavish; the Lawes Nugatory, and contemptible, the end of the Laws (which is cheerefull obedence to them for the advancement of Gods glory, and the publike good of Church and State) frustrated; and the contempt of them no sinne at all, against the fifth Com∣mandement, and the precepts of obedience to the higher Powers, Magistrates, and Rulers over us as all Expositors on the 5th. Commandement resolve it is.

7. The violating of such just Civill and Ecclesiasticall Lawes as these will Page  121 cause, violating whereof a tender true in lightned conscience willmchecke a man for, and accuse him, as guilty of an offence: Therefore, They must certainely oblige the Conscience, else it would not checke at such a violation, and acquit and cheere a man in case of ready Obedience; as every mans experience can attest, if hee narrowly watch his conscience, in case it be not feared.

Eighthly, Disobedience to the just edicts, Lawes of Magistrates, Governours Parents, Naturall, Civill, or Ecclesiasticall, are particularlyn branded both in the Old and New Testament, at hainous sin, and capitall offences punishable in some cases, with imprisonment, banishment, confiscation of goods and death it selfe: And on the contrary, chearful obedience to them is not onlyo commanded but com∣mended by God Himselfe, in, by, and for whom they rule and command, as the marginall Scriptures fully manifest: Therefore undoubtedly they binde the Conscience. And so all Parliaments, Law-givers ever held and believed, else they would never take care or pains to enact or publish Lawes.

Finally, Princes, Magistrates, and Parliaments, may and oft-times do prescribe solemn Oathes and Covenants to their people, to observe both Gods just Laws, and their own to, as is clear by the[*]Marginall Texts: by 28 H. 8. c. 10. 1 Eliz. c. 1. 3 Jac. c. 4. which prescribe, an oath of abjuration of the Popes Autho∣rity; the oathes of Supremacy and Allegiance, with infinite other Acts, enjoyning sundry other oathes: and by the late Protestation, Vow, and Nati∣onall Covenant, made and imposed upon all by the present Parliament. Now these oaths and Covenants do without all controversie[*]binde the Conscience to ob∣servance and obedience in the highest degree; Therefore questionlesse these their oaths, Laws, Covenants binde the Conscience; els we might with safe Consci∣ence refuse and violate them at pleasure, which none dares affirme they may, who hath any sparkle of Conscience remaining in him.

I shall now propound and answer the principall contrary Objections, which are these.

1. It is, contrary to Christian liberty, and a plaine tyranny, that humane Lawes should obliege the Conscience, Christ having freed us from all humane Ceremonies Lawes, obligations; and the Scripture enjoyning us,q to stand fast in the liberty wherewith Christ hath made us free,p and not to be again entangled with the yoake of Bondage: Not to be the servants of men: Not to be subject to Ordinances, as touch not, tast not, handle not (which all are to perish with the using) after the commandements and Doctrines of men: If therefore humane Lawes should binde the Conscience, Christian liberty would be destroyed, and tyranny over consciences introduced.

1. Answer;* 1. That it is no wayes repugnant to, but very consistent with Christian liberty, to be obliged to obey al honest, just necessary, Lawes, all de∣cent, and convenient, things which may advance Gods glory, worship, the peace, weele or prosperity of Church, State, our own felicity, and are con∣sonant not repugnant to Gods Law: Neither do the objected scriptures extend to such Lawes or Edicts at these.

2. That Christian liberty which Christ hath purchased for us is not an exemp∣tion or freedome from the obedience of humane Laws, but from therdominion Page  122 and power of sinne, the yoake and bondage of the Ceremonial Law[s]abo∣lished by Christs death, from the exact performance and condemning power of the morall Law, not from obedience to it, and from placeing inherent holines o any matter of Religion, worship, conscientiousnes in things meerely indif∣ferent in themselves, as Mr.tCalvin with others, who write Deliberitate chri∣stiana, with most Commentators on the Galathians resolve: yet Magistrates may command such things to be done or not done, for 〈◊〉, order, peace, and other publicke ends, (so as they place no inherent holinesse, religion or worship in them) and Christians are bound to obey them therein, without infringement of their Christian Liberty. Thirdly, As to the Texts objected. The first of them is meantvof the Ceremoniall Law, and morrall to, so farre forth as to seeke justification by it, or to be under the rigour and condemning power of it; Not of just humane Laws. The next is intended onely of men-plea∣sers, who flatter men in their lusts, pleasures, errors, or obey their unjust com∣mands repugnant to the will of God; not of obeying the just Lawes or precepts of Kings, Parliaments, Magistrates, Parents, Masters and other superiors, for then there shall be no servants, no subjection or obedience at all to superiors in this world, and this Text should repeale the 5. Commandement, with all other precepts of obedience, given to subjects, wives, children, servants, if thus expounded, For that of the Colossians 2. 20, 21, 22. it appeares by verse 14, 15, 16, 17, &c. that it is spoken onely of the Ceremoniall Law, and of that Ceremonial holynes or intrinsicall uncleannes which some did put between meats and drinks, which were indifferent in themselves, as is most cleare by comparing it with Acts 10. 10. to 16. Rom. 14. 2, 3 to 23. 2 Cor. 8. 1 Tim. 4. 3, 4, 5. Therefore it makes nothing against the Ecclesiasticall or Civill Lawes of Prin∣ces and Parliaments, who may command abstinence from flesh and such par∣ticular things, creatures, at certaine times, for lawfull civill ends, which we are obliged to obey; though not out of any religious or superstitious respect, as if the creature it selfe were unlawfull at such times by any divine precept, or in its owne nature,xour Statutes and Homylies concerning Fishdayes define.

The second Objection is this, That the civill power is temporall, and the end of civill Lawes externall or temporall peace and order. Therefore they binde not the Conscience.

I Answer,* That the end of Ecclesiasticall Lawes is not meerly temporall, but spirituall and Ecclesiasticall: Therefore the objection is not solid. 2ly. Admit the power he but temporall, inregard of the object or end, yet internall and outward obedience to those Laws is the principall thing intended in them, which none can with safe conscience deny,* where the Laws are just & necessary.

The third is, That Magistrates, Parliaments and their Lawes, have nothing to do with mens consciences, which they cannot judge or discerne, but onely with th•• outward actions: Therefore they cannot binde the conscience.

I answer,* that though Majestrats have nothing to do with nor can judg of mens consciences or opinions simply considered in themselves & concealed, yet they have to do withal their external actions flowing from, & regulated by their con∣sciences and opinions; Therefore they may binde the conscience as it is Practi∣call, & punish Atheists, Heritickes* Papists, Idolaters, when they openly appear Page  123 to be such. 2ly, The very Law Of Godzhindes the conscience to obey all iust commands of higher powers; therefore such commands even by vertue of Gods owne precept, oblige the conscience to internall obedience, as wel as the body to externall.

The 4th. is, That Princes and temporall Majestrates cannot inflict inward and spirituall, but only temporall and externall punishments. Therefore they cannot binde the conscience.

I Answer,* that men may binde and deliver others over to such punishments as they cannot immediatly inflict: TheaChurch may deliver men over even for ecclesiasticall offences to the secular power, which they cannot exercise, and to tem∣porall punishment which they cannot inflict: yea they may deliuer (a they hold) men ever untobSathan, and to the judgement of God at the last day, which they cannot actually execute: Majestrates doe frequently punish the breach of Gods Laws with temporall punishments, yet by this Gods Lawes become not temporall and unobligatory to the conscience: So God on the other side may and doth 〈◊〉 the violation of just humane Lawes with spirituall and eternall punishments (Majestrates being but his Vicegerents, Deputies, and the contempt of their just Lawes, accontempt of God himselfe,) Therefore the Argument holds not.

The 5th. Objection is this; that the conscience only respects God: therefore nothing can binde it but Gods owne Law, which is spirituall.*

I Answer,* That the conscience respects as well men as God, Act. 24. 16, therefore the just Lawes of men (as I have proved) as well as of God, 2ly. The conscience looks upon the just Laws and precepts of men, not meerly as human Lawes, but as proceeding from the Ministers and Vicegerents of God himselfe whom they represent, and whom God himselfe frequently enjoynes us to obey.*

The 6th. Is thisc No one man, and by consequence not all mens consciences in the world may or can Iudge another mans conscience; who standeth or falleth 〈◊〉 his owne Master: Rom. 14. 4. 16. Ergo they cannot make Lawes to binde the conscience.

I Answer,* first, that this text speakes only of privat Christians Judging one a∣nother in things indifferent (as meates, holy dayes &c.) when and where there is neither law of God nor man, inhibiting the free use or refusall of them, at the whole Chapter manifests. Therefore it makes nothing against necessary eccle∣siastical Laws, Canons obliging men to obedience, even in point of conscience. 2ly, The Apostle expresly concludes in this very Chap. v. 14. to 23. That in case of giving scandal and offence to weak Brethren, we ought to abstaine from the very use of lawful & indifferent things, even out of conscience of the scandall & hurt don thereby, not simply of the things themselves, though there be no law of God or man restraining or altering the indifferency or lawfulnes thereof & that with∣out any impeachment of Christian liberty. Therefore when necessary or conve∣nient things meerly indifferent in their nature, are enjoyned by Superiors just Laws, or inconvenient indifferent things prohibited for the publick good or peace, they ought much more to be submitted to without impeachment of chri∣stian liberty, out of Conscience of the Law, and scandall which would follow Page  124 the volation thereof; and in obedience to the generall Law of God, which com∣mands obedience to such Lawes.

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, Iam. 4. 12. Ergo none can make laws to bind the conscience, but God. I answer 1. that there is but one su∣pream absolut Lawgiver which is God.*Is. 33. 2. wch excluds not subordinat 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 humane law-givers can make Lawes to save or destroy, the lives, bodyes and E∣states of men (as appeares by*Scripture, and the Lawes of all Nations) though not their Soules, as they are meare humane Lawes; but only collaterally, as the wilful contempts and violations of them are sins & breaches of the very* law of God prescribing obedience to those Lawes, in which sence they may secondarily destroy the very soules of men.

Thirdly, This Text takes not away the power of making necessary tem∣prall or Ecclesiasticall Laws (for then no such Lawes could possibly be made by any) But the meaning of the Apostle is this; That onely God the Su∣preame Law-giver, is able by his Law to make any indifferent lawfull thing, necessary or unlawfull, in it selfe, in point of Religion or conscience; and to change the meere indifferency of it, into a thing simply good or evil: and not humane Law-givers. Therefore we should not judge or condemne one another in the use or neglect of those things which God himselfe hath left indifferent, where there is no circumstance of scandall, or contempt of hu∣mane Lawes to engage us to use, or not to use them. But it reacheth not to such humane Lawes, Civill, or Ecclesiasticall, which command or prohibit things agreeable to the rules of Gods Word; or things necessary and expedi∣ent for Order, Decency, Peace, avoyding of scandall and other mischiefes; which Lawes (as Doctor Willet himselfe, who makes this objection affirmes) do binde the conscience, notwithstanding this objected Text. And thus much for my Brothers first generall Objection.

His second is this,*i That the Scripture holds forth, and Christ in the New-Testament presoribes and layes down unto us, but ONLY ONE (and that a most compleat and exact) forme 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 varia∣tion. That the Independent way alone is this divine unalterable Evangelicall plat∣forme. Therefore nor King nor Parliament (though assisted with a Synod of most pi∣ous, and learned orthodox Divines) justly may or can of right, make any Ecclesia∣sticall binding Lawes for the government or Discipline of the Churches of Christ within their Jurisdictions; it being indeed a meere 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 deare Brother, and other Independents Argue, with more con∣fidence than evidence of Scripture.

To which I answer first:* That though Christ and his Apostles have institu∣ted Page  125 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 insti∣tuted nor prescribed any such unalterable compleat exact forme 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 punctuall platforme is or can be clearly de∣monstrated [ 1] to us nor discovered by us in the Scripture upon most diligent scru∣tiny: Quod non lego, non credo: hath alwayes 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 Christs Priesthood: because Moses spake nothing of the Tribe of Iudah concerning Priesthood: And God himselfe argues thus, Deut. 9. 12. 15. Ye saw no manner of similitude, therefore ye shall make no likenesse or image of me. I may safely argue negatively in like sort. The Scripture speaks nothing of such an exact universall 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 shew 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 hi∣therto been able to shew it, though they have oft-times promised it. Therefore we presume there is no such. Shew us but some cleare 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 universall platforme, concurring fully with me in opinion.

Fourthly,* Because the Churches of God, ever since the Apostles dayes have in severall Nations, Republikes, States and Conditions had different formes 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 beene re∣puted true Churches of Christ. The Churches of England, Scotland, France, Geneva, Germany, Aethiopia, 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 Bre∣thren (I suppose) will be so uncharitable, as to deem them all Antichristian, op∣posers of the Kingdome 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.

Fiftly, Because the Gospel never intended to subvert, diminish, crosse, [ 5] or destroy the lawfull civill politicall Governments, Lawes, Customes of King∣domes, Nations, Republikes, (which are Godslown Ordinance, as well as Churchgovernment) since one Ordinance of God doth not crosse or thwart another. Now the lawfull Governments, Customes, Manners of most Na∣tions, Page  126 Kingdoms, Republiks, being various & different one from another, & the Gospel to be equally preached to them all & some, Church-government erect∣ed among them all: and the condition of the Church (whiles militant in this world) being as full of changes as the Moone; sometimes tossed with the boysterous waves, & almost drowned in the flouds of affliction; Sometimes to∣tally ecelipsed and driven into the wildernesse in one place, yet slourishing or lesse troubled in another: Othertimes in a prosperous peaceable condition. Some∣times under Pagan or impious Princes and Magistrates, other whiles under more or lesse pious Christian Kings and Governours: sometimes in a more pure light some, otherwhiles in a more corrupt & ignorant condition; Some∣times over-growne with haeresies, schismes, Innovations; other-times hold∣ing forth the truth more clearly, and purging out of all errors: sometimes requiring aomore sharpe and rigorous Discipline, other-times a more milde and gentle: Yea some Nations being more barbarous, fierce, obstinat, viti∣ous, proner to some kinde of vices, sins, corruptions then others, and so nee∣ding a Discipline, Government, somewhat discrepant from those who are more civell and ingenious; Some using one gesture of prayer, adoration admi∣nistring the Sacrament some another: as some bowing, others kneeling, others prostration, some knocking of the breasts, some bare-headed, others cove∣red some vayled, others unvayled; some sitting at the Lords Supper in one manner, others in another, Some kneeling, others standing; some using dipping, others sprinkling, others washing in baptisme; some one kinde 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 cu∣stomes of the people; which my deare Brother mis-interprets as meant of their superstitious and corrupt customes, not their civill, which I onely intended.) Some one forme of Temples, Churches, Tables, Pulpits, Chalices, Vestments, others another; and all Nations not having the selfe-same opinion, judge∣ment of the lawfulnes or conveniency of one sort of Church-government, as of another; I conceive there was a kinde of necessity under the Gospel, of lea∣ving divets things in Church-government and Discipline, more indeffi∣nite and arbittary then under the Leviticall Law, given onely to the Iewish Nation and that not for perperuity, but till the Gospel camepwhich see them free from that yoake of bondage, and left them and all other beleevers at greater liberty than before. This I conceive to be the true reason, why there is no such precise universall set forme of Church-government and Disci∣pline, punctually presebed without the least variation to all Nations Chur∣ches 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 bin alwayes more or lesse variable in every age, and never continued uniforme, constant, unalterable in any age as the fundamentall Doctrines of the Church have done. We are able to produceqProfessors 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, Page  127 be it Presbyteriall, Episcopall, or mixt of both, much lesse any series of In∣dependent Churches. Therefore certainly there is no such universall divine set forme of Church-government and Discipline, essentiall 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 forme of publick Prayer, [ 7] Liturgy, preaching, administring the sacrament in every particular, nor yet of the matter or fashion of Churches, Tables, Chancels, Vestments, Gestures of Wor∣ship prescribed to all Churches, Nations, in all ages, without variation, yea they reject all set formes of publike Prayers, administration of the Sacraments and Liturgies in Churches as Antichristian, unlawfull, or unexpedient at the least, though they can hardly prove them such. If then there be no set forme of pub∣lique Prayers, Liturgy, Preaching, administring the Sacraments &c. prescribed to all Churches in al ages without any variation, and every Minister be 〈◊〉 at large to use his owne Method and manner of Praying, Preaching, administring the Sacraments, Chatechising as Independents affirme, provided it be generally consonant to the word; Let them render me a solid reason (if they can) why there should be only one universall 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 inde∣finitenes in the one as other; and that there may be as many different formes of Church-Government and Discipline, as of preaching, praying, Singing of Psalmes administring the Sacraments &c. provided they be all decent & agree∣able to the generall rules of Scripture, though not particularly prescribed therin. [ 8]

8ly. All grant there is no immutable universall set forme of Civill Go∣vernment prescribed to all Nations, Republickes, Cities, Families, Christian or Ethenicall, 〈◊〉 they have a liberty left them to elect what civil government they by publique consent shall deem most convenient: provided it be generally agreeable to Gods Word, which hath prescribed generall rules applicable to all civill Governments, actions, as well as Ecclesiasticall, and spirituall, though no one Government in particular: And why the Government of the CHVRCH MILITANT should be more particularly uniformly, unal∣terably, said down in scripture, then the Government of Christian Kingdoms, Nations, states under the Gospel; (which leaves both of them equally undeter∣mined rsince both of them were alike limited among the Israelites under the Law, no rational man cangive any solid reason; Christ beingsKing of Kings, & Lord of Lords, yea a great King over all the Earth; the only Potentate and Lord of Kingdoms, Nations, Republiques and of mens bodyes, estates, as well ast KING and Lord of his Church Saints or of mens soules and consciences.

9ly. There was not only one uniforme Church-government at first under the Gospell, in all Churches no not in the Apostles times: for in the originall gathering and planting of the Christian Churches, they had at first onlyuApostles & Brethren no Elders, or Deacons: After that, their Churches increasing, they proceeded to elect, ordaineDeacons in the Churches of Ierusalem, and after∣wards Page  128 some other Churches (though not in all for ought we read) Not long after the Apostls ordainedfElders in Churches, which had none at first: after thatgWi∣dowes in some Churches, not in all. In the primitive Churches, some Congre∣gations, hadhApostle 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 beene deprived of them since those dayes, these Officers not being perpetuall, 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 selfesame 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 al suc∣ceeding 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,

but the same spirit; and there are differences of administrations but the same Lord; and there are diversities of operations but the same God, which worketh all in all: compared with v. 8. to 13. & ch. 9. v. 19. to 24. I made my selfe ser∣vant unto all, that I might gaine all. And unto the Jew I became as a Jew, that I might gaine the Jew; to them that are under the Law, as under the Law, that [ 10] I might gaine the Jew; to them that are under the Law, To them that are without Law as without Law, that I might gaine them that are without Law. To the weake I became as weake, that I might gaine the weake. I am made all things to all men,
that I might by all meanes save some: paralleld with Acts: 15. 1. 2. 5. 6. to 32. & Ch. 21. 18. to 30. by which it is evident, that ma∣ny Churches of the Iewes, and those in Jerusalem did still rotain the use of Cir∣cumition, purification & other Iewish Rites, Ceremonies, which the Churches of the Gentiles (by the Apostles owne resolutions) WERE NOT TO OBSERUE. And with Acts c. 2. to cap. 22. where it expresly appeares, that the Apostles and other Christians equally frequented the Iewish Temple & Synagogues (conforming themselves to the Orders & discipline thereof) and their owne private Assemblie: & Cougregations, consisting all of professed Christians: Wil expresly clear it, that all particular Churches Congregations in the Apostles times had not one and the selfe same Church-government, Orders, Ceremonies: Therefore it is most cleare, there is no such uniforme general government or discipline neces∣sarily prescribed in the Gospel, unto al, without the least variation, as is objected.

[ 11] Eleventhly, It must be granted to me, till disproved; that before the Law, from Adams Creation till Moses, there was no one universall set forme of Church Government and discipline enjoyned to be observed by all the world, from which none might vary in any particular. That under the Law it selfe there was one forme of Government, Worship, Discipline, Ceremonies, and Solemnities to be observed in the Wildernesse,ianother in the Lind of Cana∣an; One forme in and under the Tabernacle revealed by God, described by Moses; another in and under the Temple, shewed by God and appointed by Page  129*David and Salomon: Yea the* second Temple and its Ornaments services dif∣fered somwhat from the first, and all of them expired when the Gospell came; If then there were no one universall constant forme of Church-Government, Discipline, before and under the Law it selfe: then by parity of reason (till di∣rect Scripture proofes be produced to the contraty) there neither is nor can be any such under the Gospell. [ 12]

Twelfthly, The Scripture (as all must acknowledge) gives not many parti∣cular, but mostly* generall Rules for the Government, and regulating of our thoughts, words, actions, lives Children, Servants, Families, callings, the fashion of our apparell, gestures, eating, drinking, sleep &c. Yea the promises and threatnings in it are for the most part generall, and indefinite, yet applyable to every particular person, and occasion: If then there be for the most part only generall Rules, precepts, (which admit some Latitude and variety in par∣ticulars) prescribed to us for the very ordering and regulating of our thoughts, words, actions, lives, apparell, meat, drinke, &c. Then certainely there are but generall Rules and Precepts given us for the Government, & Discipline of the Churches, which admit varieties of Government, discipline in sundry parti∣culars (so as they agree in the generall with the Word, and bee not repugnant to it) as well as the generall Rules for regulating our words, thoughts, acti∣ons conversations, callings, apparell, meat, drinke and family Governments, admit of variety, which more immediately concerne every man, then the more remote, and generall Government of the Church.

But against this my Brother Burton Objects.* 1. That God in the Old Testa∣ment did give this charge to Moses: See that thou doe all things according to the patterne shewed thee in the Mount, Hee 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 himselfe, though both a King and a Prophet, and a man after Gods owne heart, to set up what worship he pleased in the Temple, but God gave him an exact patterne of all, and that not only by his Spirit, but in writing; that he might neither adde to nor omit IN THE LEAST TITLE, 1 Chron. 28. And it was never left to the Kings of Judah, to doe the least thing in point of Reforma∣tion, but onely to see, that the Priests doe 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 hee growne over remisse under the New? In Ezechiels vision of the Temple or Church under the Gospell, Ezechiell. 43. 10, 11. Wee read of a patterne, of every particular thing belonging to the House of God, exactly set downe and measured by Gods speciall rule and direction, Ergo There is a most exact rule set down for the Government of all Churches under the Gos∣pell in all particulars, even to a Pin from which they must not vary in the least point or title: Else a sluce would be opened to drowne the whole world in su∣pestition and error.

I have elsewhere given a full answer to this common objection,* and mani∣fested the absurdity of it, to which my Brother hath not given the least reply; and (because much insisted on) I shall once againe answer it here with some ad∣ditions.

Page  130 My Brothers first Argument from the premises, if turned into a logicall forme, is this.

God in the Old Testament shewed and prescribed to Moses in the Mount, an exact patterne of the Tabernacle and its implements, from which hee must not vary in one Pin, or Title.

Ergo, He hath prescribed an exact uniforme, universall modell of Church-Government, and Discipline under the Gospell 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 appeare; First by considering, that the Tabernacle (as all well know) was no part of the Congregation or li∣ving Church of the Israelites, (made up onely of Circumcised persons, of which our present controversie, concerning Church-Government is meant,) but only the place wherein the Israelites met to Worship God during their Pil∣grimage in the Wildernesse, which Tabernacle ceased when the Temple was built, and the Arke placed therein, it being in truth nought else, but a materiall moveable Temple, answerable to our Churches, Chappells, and places of pub∣like meeting for Gods Worship now, but only in its moveablenesse: The like may be said of Salomons materiall Temple: what Argument can then be dedu∣ced thence to prove such an exact forme of Church Government setled under the Gospell as is objected, I can not conjecture.

Brother, I beseech you tell me in good earnest what you think of these fol∣lowing Arguments which may be retorted on you from this patterne, with far more probability and reason then this objected.

First, God in the old Testament prescribed the* height, length, breadth, com∣passe, form and materials of which the Tabernacle, Arke, Altar, Curtaines, Candlesticks, Sockets, Rings Staves, and every pin, vessell, utensill belon∣ging to the Tabernacle should be made, and expressed the same most pun∣ctually in writing, commanding Moses to make all of them according to the patterne shewed 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 expresse form, matter dimensions, portraiture of all Christian Churches, Temples, Chappells, 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, Bzaliel, and Aholiah, to be the chiefe workmen; And every wisehearted man and cunning Artificer, imployed in this building, this Architecture, whom God himselfe endued with speciall skill, wisdome and ability for this work, (not any Priest or Le∣vite) 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 Page  131 endow with extraordinary gifts from Heaven; None but Embroyderers, Gold-Smiths, Carpenters, Ioyners, Carvers, Masons, (not Ministers, Pres∣byters, Deacons or Evangelicall Pastors) must under the Gospell, build up the spirituall Churches of Christ, and settle the true Government and Discipline thereof.

Thirdly, The very frame, fashion, Colour and materialls of the holy Gar∣ments which*Aron and his Sons should weare when they came to mi∣nister before the Lord, were expresly set downe, and the use of them en∣joyned under paine of death, in the Old Testament, and were a part of the patterne shewed to MOSES in the Mount, from which hee might not vary in one Pin, or Title, Exodus c. 28. and 29. and 39. and 40.

Ergo, The very forme, fashion, matter, and coulour of all Ministers, Elders, Deacons Garments in which they should minister, is as punctually pre∣scribed and limited under like penalties in the Gospell, 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 onely corporall, not spirituall buil∣dings in the spirits of men. Ergo, the Church under the Gospell is such to: And then what will becom of your strange determinations. p. 49. 50. That the Church is a spirituall house, whose ONLY BUILDER is Christ, and NOT MAN &c.

Fourthly, This patterne in the Mount, was shewed and delivered by god, on∣ly to Moses the Temporall Magistrate, not to Aaron, or the Priests; and he was to make and see all things made according to this patterne without the least variation; by the helpe of Bezaliel and other lay-Artificers. Ergo, the framing, setling of Church-government & Discipline under the Gospell, belongs wholly or principally to the supreame temporall Ma∣jestrates, and to such Lay Artificers, as they shall please to take to their assistance; Not to Bishops, Presbyters, Ministers, or any Ecclesiasticall, persons.

Brother, If you grant all these foure Arguments absurd, false, or incohe∣rent, as I presume you will, then by the selfe same reason, your owne Ar∣gument 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 forme of Church-government prescribed under the Gos∣pell, as there was of the Tabernacle, Altar, Temple in the Old, in all particu∣lars; why the one is not as clearely and punctually set downe without any ob∣scurity in the New Testament, as the other is in the Old? If you can shew us any such unalterable forme intirely delineated all together in precise, direct termes in the one, as we can shew you to in the other, the controversie would bee ended without more dispute. But since this cannot bee done; and your selfe confesse in your Margin p. 6. (which contradicts and subverts your Text) We doe not say the same things are prescribed under the Gospell, NOR DOTH Page  132 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 AVARIE∣TIE in the method and maner of preaching the Gospell in point of circum∣stance, so as the substance be kept, &c. SO IN CHURCH GOVERN∣MENT whereas you averre, 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 forme of the Government of the Church under the Gospell, is not so fully or particularly held forth, in direct termes in the New Testament, as the patterne 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 pat∣terne of Church-government therein prescribed, as therewas for not varying from their patternes in the Old.

Therefore there is no such exact punctuall forme of Church-Government therein instituted or prescribed, as is pretended.

Thirdly, Admit the Argument true; yet then the great question remaines unresolved, Whether your Independent forme onely, bee this patterne in the Mount prescribed in the New Testament? This I am certaine neither the pat∣terne of the Tabernacle, Altar, Temple, nor Ezechiels measuring of the Tem∣ple will ever be able to evidence, neither by way of argument, nor illustrati∣on; And therefore you may doe well to insist no more upon them, unlesse you will make the world swallow downe this Independent Logick & Divinity.

Moses had a patterne of the Tabernacle shewed to him in the Mount and David the patterne of the Temple shewed him by the Spirit, both of them put into writing; and Ezechiell did set down the patterne and frame of the Temple, and measured it exactly, Ergo the Independent New-invented Government is as exactly deineated and set downe in the New Testament as these in the Old; yea the onely way, and Go∣vernment of Christ, from which none must vary in the least Title.

The second Argument from David & the Temple,*That he gave Solomon an exact patterne of the Porch, Chambers, Vessels, Mercy-seats, Treasuries, and whole Fa∣brick 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 forme of Church-government and Dis∣ciplin prescribed in the Gospel and the Independent it: Receives the same An∣swer, and is as incoherent as the first, wherefore I shall passe it by with these briefe observations. 1. That this Patterne was shewed by the Spirit to David, and by him delivered in writing, to his Son King Solomon, (the supream tem∣porall Magistrate, who built the Temple and followed this Patterne) not to the High-Priest, or any other Priests or Levites; who were to bekordered di∣rected, by David and Solomon (not they by them) in the services of the Temple. Therefore if any good conclusion can bee 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 supreame temporall Magistrate, as it did under the Law, not to the Priests, or every particular Independent Con∣gregation who now usurpe this royal uthority without warrant or president▪

Page  133 Secondly, This patterne was exactly set downe in writing (as you object) distinctly by it selfe* and delivered unto Solomon to follow, But you can shew no written pattern, for your Independent, or any other precise universall sette∣forme of Church-government or Discipline delivered unto any particular per∣son, Church or Nation, under the Gospell, nor distinctly set downe by it selfe in the New Testament, Therefore there is no such prescript forme.

Thirdly, This Patterne* was principally of the materialls fabricke, 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 materiall Churches under the Gospell, and inferre thence, Ergo there is a pre∣script patterne of the materialls, forme, fashion, Porches, Chambers, Vessels, yea Altars, for all our Churches, Chappells given and prescribed to us in writing in the New Testament (if you can shew us where) as there was to Solomon of the materiall Temple, in the old, not of the Discipline and Government of the living Temples, or Congregations of Christian men, the only Church whose fabrick, Government and Discipline is now in question.

Fourthly, When the Temple was built and consecrated the Priests, and peoples services, Ceremonies,* attendance in and about the Tabernacle wholly ceased; though appointed by God: and soe the very Forme, 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, materialls, & some services from the former, all the services whereof expiredeby Christs death and were abolished soone after upon the destruction of Ierusalem, If this president, then, of the Temple, hath any weight, it is to sway the ballance on my side; that there is no one unversall unalterable set form of Church government in all par∣ticulars prescribed to all Churches under the Gospell,f but such as admits of some variations and changes, as the Tabernacle, Temples & their services did, provided they be suitable to the generall rules of Gods word, and not repugnant therunto.

The thirdg argument,* ThathEzechiell saw the patterne of the Temple in a vi∣son & measured it with the parts, Chambers, Court, Altars, & Implements thereof, in all their dimensions, and was to shew them to the people; which house was a Type of the Church under the Gospell, (as is said not proved.) Ergo, there is a set forme of Church-government held out and shewed to us under the Gospell,i and the Independent Platforme it; Wants bones to support, and sinewes to knit it together: For▪ first, his measuring and vision was only of the Iewish Temple and no other, which was but one, not of their Synogogues (much lesse, of our materiall 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 fa∣bricke Chambers Court, Altar, of the material Temple, long since abolished: and our Churches under the Gospel neither have nor ought to have any such Cham∣bers, Porch, dimentions, courts altars, Implements as that Temple had, or as Eze∣chiel saw or measured. If then this vision prove nothing for set formes or patterns Page  134 of materiall Churches, Porches, Churchyeards, Altars, (not yet for the use of Al∣tars) under the Gospell, as you will grant, I am confident they can prove lesse then nothing for any such set forme of Church-government and discipline as is pretended, which Ezechiell saw not in his vision, nor ever shewed to the people, and yet appeares not fully in the New Testament. Perhaps Bishop Mountague from this vision and the two former Patterns, deduced, his*Assize of surplesses and pa∣terne of the new Altars Rules, &c. prescribed to be enquired of in his Visitation Articles; But I hope my deare Brother can not spie out any such vision, nor de∣duce any such conclusion from this Text, nor from that of measuring the*Temple, & Altar in the Revelation, which I have* elswhere 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 Booke of sacred Scripture under a plague, and heavy punishment Ergo there is a set forme of Church-government and di∣s∣cipline prescribed in the Gospell, which none may vary from by addition or di∣minuition.

Is a meere Non-sequitur. For first, these Texts speake only of Additions to the Bookes, Doctrine, Histories & Prophesies of the Canonicall Scriptures then writ∣ten (as my Brother acknowledgeth, and the Texts infallibly prove) not of any Church-government Discipline, Ceremonies under the Gospell, not so much as mentioned or imagined in them, Therefore (Brother) you doe very ill for to wrest these Scriptures thus against their sence and meaning, 2ly. Brother, you know, that God himselfe after the writing of the Booke of Deuteronomie & the Proveths, caused divers other Bookes of Canonicall 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 feare Brother, that those who hold, there is an absolute set forme of Church-goverment prescribed in the word to all Churches, though they cannot shew it, and yet cry up their Independent way,las the very Government, discipline, Kingdome, and Ordinance of Christ himselfe, though they neither prove nor demonstrate it; are far more guilty of this sinne, of transegressing these texts, by Adding to Gods word; then those who deny it are, of adding to, or detracting from it. Take heed therefore (I pray) of this sin your selfe, which you would fasten upon others. You know who are most guilty of this vating cry, ThemTemple of the Lord, the Temple of the Lord, the Temple of the Lord are these, when yet they were but lying words: & which party boastes 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 affirme. Wherefore this Argument returns wholy on your self. MyqBrothers 3. Objection is from the 1 Cor. 7. 17. So ordaine 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 weeke. (or some one day of the weeke, or weekly, as some translate, and the*phrase will beare it) let every one 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 Page  135 them Elders in EVERY CHVRCH. From which Authorities only and no o∣ther in the New Testament, he inferrs, That there is but ONE, and the selfe same forme 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 forme pretended to be thus prescribed.*

But (deare 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? Heare then, how you are mistaken in them. The question (you know) is not concerning Precepts, Doctrines or Rules of faith, which are the selfe same to all Persons, Churches Ages, and binde all alike; but only of Church-Government & disciplin: But hath your first and principall text, any relation thereunto? No verily, but to a meere privat case of conscience then undescided; Whether a beleeving Wife might depart from an unbeleeving Husband, or a beleeving Husband from an unbeleeving wife without mutuall consent, if the unbeleever were willing to cohabit with the other? This was the case of con∣science 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 de∣sciton in the negative, shewing sundry reasons for it, v. 10. to 16. & then v. 17. he concludes, As the Lord hath called every one so let him walke, AND SO OR∣DAINI IN AL CHVRCHES. Now what, Brother, is this private case of conscience to one set forme of Church Disciplin or Government? doth the A∣postle 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 Gods spirit ordained in every Church, that Beleeving Wives or Husbands, should not forsake their unbe∣leeving Consorts if they desired to cohabit with them: Ergo he ordained one and the selfe-same unalterable set forme of Church-government and Discipline in all Churches whatsoever.

Your 2d. text, makes cleane 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 proofe of any one universall Government of Discipline prescribed alike to all Second∣ly, It was an order only upon a particular emergent transient occasion, which might seldome or never happen againe, to wit, Theopresent necessity of the Saints at Ierusalem, in respect of a dearth and famine there. To argue therefore an universall 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 publique duty relating to Church∣government, or Discipline, nor yet to be performed in the open Congregation (for then there might have beene some vigor in the Text) but but only a vo∣luntary preparatory benevolence to be weekly laide apart in private according to Gods blessing on every mans estates, as is cleane by the words Vpon the first day of Page  136 the Week, [or wekely] Let*every one of you lay a part BY HIMSELFE [not con∣tribute publiquely 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 publikly in the Church. Fourthly, This collection and the maner of it, for every man to lay a∣side by himselfe some thing weekely, according as God hath prospered him, was only a preparatory extraordinary collection; as the last clause (that there may be no col∣lections when I come) and the very words import. Therefore it can be no pre∣sident for an ordinary, constant, unalterable universall Church-government and discipline established in all Churches. 5ly. (Which takes of all, and turnes its edg against my Brother) It is & must be confessed, that this is no binding pre∣cept nor president, in point of collections themselves, much lesse then in other things. For 〈◊〉 demand of my Brother, 1. Whether this text did simply bind all the Corinthians to a weekely preparatory contribution towards the poore Brethrens 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 meere voluntary charitable action, as is cleare 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 privat contribu∣tions, only on the first day of the week & no other? or had they not a liberty not∣withstanding this order to do it on any other week day, as wel as on the first? or every day, or every fortnight or 10. dayes, if they pleased, as their particular oc∣casions and conditions administred abillity or opportunity for such a charitable worke? 3ly. Whether this prescript forme of collection (admitting it obligato∣ry 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 forme of preparatory or privat contributions, or not? If you say, no, then you yeeld the cause: since this president binds no Churches now to any punctuall, imitation. Therefore it is no proofe at all for any one di∣vine universall unvariable forme of Church-government and discipline in all ages prescribed by Scripture: If you say, yea, then all Christians, Congrega∣tions in the world (& your Independent to) offend against this the Apostles di∣vine institution in not retaining this form of privat collections, by segregating something for the use of the poore Saits on every Lords day, or weekly, & in suffering publique gatherings for the poore in Churches on Lecture dayes, or week-day fasts, whereas these were no such collections, but only laying som¦thing up in private, by way of preparatory Charity against the Apostles com∣ming, who would then receive every mans particular Charity by itselfe, and not trouble them with any publike collections. In one word: No Churches, nor Independent Congregations hold themselves strictly obliged to this forme of collection, (which was not publique but private, every man by himselfe) but all hould they may with safe conscience vary from it. Therefore (if this collection be a part of Church-government or Discipline under the Gospell as you make it) this Government, Disciplin is both mutable and arbitrable in Page  137 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 e∣very Church: proves nothing for what you alledge it. For first, it extends not to all Churches then planted in the World, but onely to every Church in Der∣bie, Lystra, Iconium, Antioch, to which every Church relates, as is cleare 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 eve∣ry Church at Derbe, Lystra, Iconium, and Antioch (and so in every City in Creete Tit. 1. 5.) Ergo in all Churches throughout the world. Which is no infalli∣ble 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 Beleevers was but small.

Secondly, This proues there were Elders ordained by the Apostles in many, if not most Churches: But yet it concludes not infallibly, that there must of necessity bee 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 eve∣ry Church, unlesse there be a direct precept enjoyning them for perpetuity, is no infallible Argument.

Thirdly, Admit it generall and binding unto all; yet this proves onely that there ought by Apostolicall president and institution to be Elders (not one but more) in all Churches: what then becomes of some of your Indepen∣dent 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 speakes onely in the generall, that they ordained El∣ders in every Church, But what sort of Elders they were, Ruling, or Preaching Elders onely, or such who did both Rule and Preach: or in what manner they were ordained, whether by lifting up of hands onely to chuse them, and no more; or by laying hands upon them, or by the Apostles owne imposition of hands on∣ly as Apostles, or joyning with others as ordinary Ministers, or in any other form, is not expressed; So that this Text onely informes us, that there were Elders or∣dained in every Church; but determines nothing of their office, or in what man∣ner or form they were ordained: Therefore it concludes nothing for any exact com∣pleat, unalterable, universall forme of Church-government in all particulars, pre∣scribed to all Churches; ordaining of Elders, being onely one part of Church-go∣vernment, not the whol; & no part of Discipline & that left very indefinitely in re∣spect of the manner and forme, which the Scripture hath not by any direct precept or president reduced to an unalterable certainty, but rather left Arbitrary and inde∣finite, as will appeare 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 Controversie at this day: whether imposition of hands be now simply neces∣sary 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 Page  138 be cause? whether it belonged to the Apostles onely as Apostles, or as Presby∣ters? whether it be appropriated to Preaching Elders onely, as such? or to ru∣ling Elders as well as they, or to the[†] whol 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 severall, nor any, nor all three of them conjoyned, prove any such conclusion, or universall set forme of Church-government and Discipline, for all Churches, as is pretended.

My Brothers 4. Objection is,*[†] The every particular Congregation, is a com∣pleate intire absolute spirituall Republike, Corporation, Body, and City of God of it self, and of absolute authority within it self, subject to no other Jurisdiction then that of Christ, his Word and Spirit, and not to any other particular Congregation, Sy∣nod, or Nationall Church, or humane power whatsoever. Therefore the Parlia∣ment and Assembly can make no Canons nor Rules to binde it, nor prescibe any Church-government or Discipline to it.

Brother,* this is the summe of your whole Book, and it grieves me to see so many strange Parodoxes piled up together to support an Independent Fabrick, by one of your yeares and Iudgement. 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 intire Mysti∣call Body, whereof Christ is the supreame Spirituall Head and Governour, and all particular Churches only members of this intire Body; as the head, hand, feet, are members of the Naturall Body, not absolute bodies of themselves; as every house or Parish in a City is a member of the whol City; Every Com∣pany or Regiment in an Army a member of that Realme, not absolute bodies, Cities, Armies, Kingdomes of themselves. That this is truth, we have sundry expresse Resolutions of Scripture in positive tearms, 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 keepe the unity of the Spirit in the bond of peace: For there is ONE BODY, one Spirit, one Lord, one Faith, one Baptisme. 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 whol Catholike Church of Christ (which allages hitherto have believed to be but one, so far as to make it anrArticle of their Creed) under singular titles; as the ChurchtA WOMAN,vMY LOVE, MY DOVE, my Sister, my Spouse, a Garden, axVineyard,ya City, a Con∣gregation an Assembly, Sion, Jerusalem anzHouse, aaFlocke, abBody, and the like; to note it; unity, that it is but ONE intire spirituall Corpora∣tion, though distributed into severall particular Congregations scattered ∣ver Page  139 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 compleat spirituall Bodies with∣in themselves, and no members of a Catholike or Nationall Church.

Secondly, If all the particular Churches in the World, bee in reality but one intire Body and Church of Christ, then by the self-same reason likewise all the particular Congregations within one Nation, Kingdome, Republike (united in one civill Corporation under one Head, and temporall government) are but one and the selfe-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 severall Cities, & Counties in a Kingdome, one Realme; and all the Nations on the earth, but one world of men. These cleare principles of Divinity, Policy, Nature, ex∣perience, none can or may deny, unlesse he hath lost his sences, or means to sub∣vert all humane Relations and Societies. And my[†] Brother acknowledging the whole Nation of the Jewes to be but one intire Nationall 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 Con∣gregations in any one Christian Realm, Nation, Republike, are but one intire Church, though divided into severall squadrons for necessity and conveni∣ency; as one house is into many Roomes, one City into many Streets, Pa∣rishes, companies, wards; one Kingdome into divers Counties, Provinces. One Parliament into severall Houses, & Sub-Committees as there is occasion; one Armie into severall Regiments, Brigades, Companies, Troopes.

Thirdly, It is at clear as Noonday: That in all Civill, or Ecclesiasticall Cor∣porations, Congregations or Societies of men united into one common Poli∣tique Body, the whol body or greater part, hath by the Law of God, Nature Na∣tions a lawful inherent jurisdiction over every particular member, or lesser part to make Laws and common Rules to obliege them for the safety, peace & be∣nefit of the whol Body: In all Parliaments, Councels of State or War, Cities, Corporations, Societies, Courts of Iustice, Chapters Committees, yea in all ele∣ctions of Magistrates, Ministers, Knights or Burgesses of Parliament, Majors of Cities, Masters Wardens of Companies; heads or fellows of Colledges, Church-wardens, and the like, the whol Body or major voyce bindes the lesser number, & all the whol body ever over-rules the parts: And it must needs be so, els there could be no Rule, Order, Government in any of them, if one member only or the lesser part should over-rule and prescribe Lawes unto the whole or grea∣ter part, not they to them. The like rule holds firme, and hath ever taken Page  140 place 〈…〉••mall generall Nation Provinciall, Parochiall or Congregation 〈…〉 Synods Convocations. Assemblies or meetings, in all matters of 〈…〉 Discipline, Government Lawes, Rules, Edicts, Censure Descition, 〈…〉. Yea in Independent Churches themselves, the Votes, Orders, 〈◊〉 determinations of the whole or major part of the Congregation, binde 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 Dis∣cipline 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 Republikes, Churches, Societies of men in every age till this pre∣sent, have admitted, that the Lawes, Ordinances, Decrees, of the greatest Civill or Ecclesiasticall Assemblies, where the whole Realme, Republike, Church, or Nation, are personally, or representatively present by their deputies or Proxies, obliege all inferiour Corporations, Societies, Churches, Congre∣gations, Persons, within their severall Iurisdictions, to submission and reall obedience, especially when just and agreeable to Gods Word, or at least to passive (whiles in force) where unjust or contrary to the Word. Hence the publike Laws Ordinances Edicts, of Parliaments and general Assemblies of the Estates, have in all Kingdomes, Ages, without the least dispute, oblieged, re∣gulated all Corporations. Societies, Persons, within their severall jurisdictions, because they are the Representative Body and supreame power of those Realms, where all are virtually present and consenting, when all, or the ma∣jor part at least assent. Hence the whole World have ever held the determi∣oations, Creeds, Canons, Decrees, of Oeumenicall, Nationall, or Provinciall Councels, ratified by Emperors, Kings, and Parliaments, obligatory in point of jurisdiction to all Churches, persons within their jurisdictions. And in truth, the chiefe end, use of Parliaments, Councels, Synodsm(approved by God, and the higher powers ordained by him:) is not to advise, admonish, perswade, debate,n or deliver their opinions of doubts, errors, mischiefes; for this every private man hath power to do, and containes no stampe ofpjurisdistion, Power, or Authority in it; But authoritatively to prescribe Lawes, Canons, Rules, and determinations, oblieging otherrs to obedience under paine of exemplary censures and penalties.

Sixthly. It cannot be gainsayd; but every man and woman in the world, considered meerly as such, or as single persons stript of all their naturall, civill, or Ecclesiasticall relations, are of equall 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 up∣on the selfe-same persons as they stand cloathed with their severall Relations, as members of a family, Corporation, City, Kingdome, Church, and their very relations, make them subordinate and lyable to sundry superiour juris∣dictions▪ not only by way of counsell but command. Thus children, servants, wives, Pulpits are by a naturall relation (established by a MorallqLaw and sundry divine Precepts) subject to all the just Lawes, Orders, commands of Page  141 their Parents, Masters Husbands, not onely by way of Counsell or advise, which they may obey or reject at pleasure; but of Iurisdiction and Authority; so farre as to be enforced to obedience, and justly punished for disobedience or neglect, according to the quality of the offence and contempt. Thus in∣feriours of all sorts, in a politicke relation onely (as subjects to their Princes, to all subordinate Magistrates Officers, in their respective places of power▪ Kingdomes to their Parliaments, Cities to their Majors, Aldermen, and Com∣mon-Councell; Companies to their Masters, Wardens and Assistants; Soul∣diers to their Generals, Commanders of all Rankes; Schollars to their Tutors, Colledges 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 superiours, to which they must yeeld obedience under paine of such punishments as are answerable to their contempt and disobe∣dience. The same rule and reason holds as firmely in all Ecclesiasticall Rela∣tions: Take severall private Christians as Christians, or severall Parishes or Congregations, as they are such; and it is certain one of them hath no Iuris∣diction nor power at all over another in any Ecclesiasticall matters, either to prescribe Lawes 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 looke upon the selfe-same particular persons, Churches, as Members of a Parochiall or Nationall Church, and then in this Relation they are and ought to be subject to the just rules, precepts, Canons, Orders of the Mini∣sters, and whole Congregation of which they are Actuall Members, even in point of conscience; and every particular Church, must and ought readily to submit to the just Canons, Constitutions, Orders, determi∣nations Ecclesiasticall Censures of the whole. Representative Nationall, or Provinciall Church, Councell, ynod, ratified by Authority of Parliament, in a Regular way, under paine of Obinacy, Contempt, Disobedience and exemplary punishment; there being the selfe-same reason and equity for severall combined Churches in a Councel Synod Presbytery to have a coecive power over every particular Church within their limits as for any particu∣lar Congregation, to claim or exerise a jurisdiction in point of direction or cor∣rection, over any or every particular member of it. Our Independents no doubt will grant, that if two or three severall Congregations unite themselves into one Church, they do by vertue of this union, become all lyable to the Iurisdiction, Canons, Orders Determinations, Censures of that one Church; and those, who whiles divided, had no authority nor power, but onely of their owne members, have by this union a Iurisdiction over the Members of all these Churches, thus eonjoyned into one: As it is with several persons united in∣to one Corporation Society, Church, or when severall powers Or jurisdictions meet and joyne together in one, as the Parliaments, Commissioners, Armies of two Provinces, Kingdome in one Parliament Councel Army; the Lords, Com∣mons, Knights and Burgesses of every County, Citty, Town, and Burrough in both Realmes in one Parliament, they have by this their union the whole power and authority of both united Kingdomes, Armies, Parliaments. Page  142 and a joynt Iurisdiction over both, which they had not before whiles seperated; even as a Major or King hath when as severall Cities, Townes, Villages, Kingdoms (as our ancient Saxon Heptarchy) are all conjoyned into one City, Realm, and therby subordinated to one new Iurisdiction. If this then must be yeelded to me; it will inevitably follow by the selfe-same reason, that severall particular Churches being united together in one Synod, Coun∣cell, Assembly, Parliament or Presbytery, (even for this very end and pur∣pose to prescribe such generall Canons, erect such a uniforme Church-govern∣ment and Discipline for the publicke peace and benefit of the Church, as shall equally binde all Churches victually present and combined in it) must have a lawfull Iuridicall, Legislative power in them to make such Laws, Canons as shall binde all particular Congregations, not onely as advises, or brotherly counsels, but as* vigorous Lawes, which subject the particular persons, or Churches, who transgresse or contemne them to condigne punishment: as the reasons, Scrip∣tures formerly alleaged, to prove that humane Lawes obliege the conscience in point of obedience, abundantly demonstrate.

These uncontrolable verities, never yet so much as doubted in any Age till this, clearely 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 selfe same Civill Government, is an absolute compleat, independent Body, City, or Republike of it selfe, (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 compleate body, having a Minister Elders, Members, Ordinances, Prayers, preaching, Sacraments, reading of the Word maintenance, and the like, of its owne, within it selfe; (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 profes∣sing the faith of Christ, wherein the Word of God is syncerely preached, and the Sacraments duly administred) belongs unto it. But yet it followes not here∣upon, that it is either an absolute, or Independent Church, or a compleate body in all respects, exempt from all superior jurisdiction, but a dependent, subordinate Congregation, and a meere Member in respect of the Nationall, Provinciall or Catholike Church. For as every private person, familie, Corpo∣tion, Society, City considered in themselves, are compleate, perfect men, bo∣dies, Societies &c. but in relation to the Families, Kingdoms, Cities, Republikes wherin they are, meete 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 owne per∣sons, 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 publike interest and power of the whole king∣dom, Pa••ia. who may command or dispose of them upon all just occasions for Page  143 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, priviledges for the publike good; Salus popul, being Suprema lex, to which all Privadoes must submit. So it is with every particular Christian, Con∣gregation; As a private Christian, or Church, they have a private compleat∣nesse, absolutenesse, 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 Nationall and Catholik Church of Christ, are neither absolute, not independent, but subordinate to the other Churches, Synodically assembled, to the supreame Councell of Parlia∣ment, (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•• owne Members, or injury of their neighbour Churches; as by separating from their communion, without just cause; erecting a new private forme of Church-Government or Discipline in opposition to other Churches of the same, or other Realms without publike authority, to the engendring of schi∣mes; or broach any hereticall seditious, Erronious Doctrines, as some now do: set up Idolatry, supersition, innovations, or falfe worship; abuse or prophane the Sacraments; become licencious, vitious or scandalous in their lives; in∣jure their owne Members without giving them satisfaction or reliefe: enter∣taine all sorts of Sectaries; deny communion in Sacraments or other Ordinan∣ces with the Members of their neighbour Churches, who desire it upon just occasions; debarre any of their Members from the Lords Supper, or their Children from Baptisme without just cause; be unable to resolve doubts and controversies in Religion betweene Minister and people, or Members; or to judge of doubtfull cases; Vsupe more power then is meet to the impeaching of the Magistrates Authority; wants meanes to raise monyes to provide an able Minister, or defray their necessary Church expences; or invades the Rights of other Neighbour Churches, or refuseth obedience to such publike Ecclesia∣ssticall Lawes which tend to the peace and unity of the whole Nationall Church: In all these cases, and others which concerne the Nationall or whol Catholike Church in general or other neighbouring Churches in particular no particular Church is an absolute or Independent body of it self, but only a sub∣ordinate Member, Subject to the Lawes, Ordinances, Determinations, cen∣sures of the whole Church of that Nation, combined in Parliament, and to Nationall, Provinciall Synods and Presbyteries, established by common con∣sent in Parliament, as well as every Member of a Family, City, Society King∣dom, Army, or Realm, is subordinate to the whol 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 se∣ditious Pardox, destructive to all Republikes, and Societies of men; A Cocka∣trice fit to be crushed in the shell, ere it prove a devouring Serpent to Church and State, as you may discerne by these instances in my Brothers way of ar∣guing; Page  144 For may not any Independent Company, 〈◊〉 Regiment or Bri∣gade, in our Armies argue just in this very straine? Every Company, Troop, Regiment, Brigade, is a compleate body of it selfe, having an its owne neces∣sary Officers, and Commanders; Therefore we will not joyne with or submit to the commands Orders Military Lawes or directions of my Lord Generall, the councell of Warre, or any superior Officer; but bee ruled commanded only by our selves and▪ and the Parliaments own immediate commands, to which we are onely subject. Any Independent Family Streete, parish, Company, or Ward only in the City, argue thus; we are an absolute compleate body, fami∣ly, street, parish, company, Ward within our selves; Therefore we will not, wee may not be governed, directed, commanded or censured by my Lord Major, the Court of Aldermen, or Common Councell; but only by and within our selves, Any Independent child servant, Wife, or Member of any such Congregation al∣leage, I am an absolute Man, Woman, Christian of my selfe: 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 selfe: Any independent County, City, Committee, or Court of Justice argue: Wee are a compleate County, City, Committee, Court in and of our selves? Ergo, Wee neither will, nor must submit to any Lawes or Ordinances of the high Court of Parliament: Yea every Colledge in our Vniversities dispute thus; We are a compleate Colledge and corporation within our selves, Ergo, the Chancellor, Vicechancellor, Convocation, Congregation, and whole Vniversity have no Authority, to controle, 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 referre to your saddest thoughts, what will become of all our Armies, Parishes, Cities, Churches, Families, Parliaments, Kingdome in a short space? Will they not all be dissipated, dissolved in a moment, and nought but a Chaos of confusion, disobedience, Schisme, Anarchy, and disorder, cover their faces? I beseech you therefore consider and retract this new monstrous Logick and Divinity which cuts in sunder all relations, and subverts the very pil∣lars, foundations of all Government, Order, Peace, Vnity, 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 Abra∣hams family should it not be a compleat Church,* untill there were other Churches; on whose jurisdiction it should depend?

I answer yes:* But this is not the case, nor question: We in our Realme (blessed be God) have in all parts, not only one particular christian family, church; but many thousand Parochiall Churches, Congregations as our very Al∣manacks as well as Cosmographers will informe you. What then, Brother, will you inferre from this sole Church in Abrahams family, to our Churches now? Will you argue, Abraham in his dayes had a compleat absolute Independent Church in his own family onely. Ergo now there ought to be such an Inde∣pendent absolute Church in every family? (at least, where there is a sufficient number requisite to make up a ministeriall body) as you interpret it▪ Page  145 what then will become of your congregationall Churches, and our Parochial, consist∣ing of many great families? they must by this new Doctrine, divide themselves pre∣sently into so many families, or Independent Churches, as there are great fami∣lies in them; and then I hope, the*Master of the family onely, not an Indepen∣dent 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 with∣out scruple, denying the very calling of Ministers) and all our Churches too, Brother, will you argue thus? Adam was a compleat and absolute man alone; therefore he needed not a helper or wife, or family to be joyned to him. Suppose you should take a single person, who formerly lived alone by and of himselfe, without relation to, or communion with any other men, like a Popish Hermite 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 any thing to controle him? I trow not: When there were only single Fami∣lies, living remote from others in the world, they were absolute and compleate Churches, Republikes of themselves; but when these single families multiplyed, and combined themselves into Villages, Cities, Provinces, Republikes; King∣domes, they thereby lost their pristine liberty, absolutenesse, independencie, com∣pleatnesse, and of intire small bodies, Churches, Republikes, became onely 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 Kingdome (the case of all the first Churches planted by the Apostles) without any Neighbour Churches to combine with, this Church being under no superiour Christian Magistrates, was absolute and independent in it selfe, there being no other Church to joyne with. But if this one Church through the encrease of Christians shall swell so great, as to spread it selfe over all the City, or Republike wherein it is, and so upon necessity must divide it selfe into sundry particular Congregations, then all these Churches being un∣der one and the selfe-same Republike, and united together under one supreame, Civill Magistrate, as members of the same Nation, Kingdom, City, Republike, and of the self-same nationall, or Provinciall Church, doe thereupon lose their absolutenes and Independency, and become subject to the Power, Lawes, Canons, Determi∣nations, Government, and Discipline of the whole Nationall Church and King∣dome, of which they are but members; which to preserve publike peace, unity, order, amity, ought constantly to be governed by the self-same generall Ecclesiasti∣call Lawes, setled by the common consent of all their severall National Synods, and Parliaments, as Civill Lawes are, which oblige all.

But this saith mya Brother in the second place, takes away the lawfull Ju∣risdiction and rights of particular Churches:*Ergo it is not to be admitted.

I answer first:* By the like reason you may argue; the joyning of many parti∣cular persons into one family, of divers families into one Parish, of sundry Pa∣rishes into one City, of divers Citie into one State; of sundry States and King∣domes into one Monarchy or Empire: of divers Companies and Regiments into one Army; of sundry Knights, Citizens. Burgess••, and Peeres, into one Parlia∣ment, Page  146 and many Ministers into one Synod, deprives them of their Independency, their particular Rights, Interests, and subjects them to a new superiour po∣wer, Iurisdiction, command, and to their publicke Lawes and Ordinances; Ergo it is unlawfull, intollerable, and such Corporations, Republicks, Kingdomes, Empires, Parliaments, Synods, ought not to be: If this be a good consequence, you will subvert all humane Societies, Corporations, Republicks, Synods, Parliaments, Independent Churches, and Families to by like reason.

. This takes not away the lawfull rights of particular Congregations, but ra∣ther improves them for their owne particular, and the publick good: for (Brother) I pray informe me, which is best of the two, for a particular Church, or Corporation to be subject only to such Lawes, 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 anbwhole Parliament and Assembly of the most wise, ablest, and best experienced Christians, Nobles, Divines, after long de∣bate and consideration; or by the private rash Opinions, and perchance passions, humours, of two or three private persons, perhaps directed, swayed by particuler interests, relations, ends? Which is justest, safest, or most remote from Tyranni∣call, Arbitrary and Papall Government, for Churches, States, Persons, to be all confi∣ned to certaine publicke Lawes and Canons, enacted by common consent in Par∣liament, limiting who shall be admitted to, who secluded from the Congregation, Sacrament, communion of Saints, &c. and for what causes, offences, in cer∣taine, &c. then to be left Arbitrary to the meer mercy, wills, determinations of the Ministers and Elders of every particular Congregation, or to the pleasures of Princes, or some few temporall Magistrates, without any Lawes or limits to re∣strain them? We all hold it the greatest happinesse, freedome of our Kingdom, and the chiefest part of our Priviledge, which we enjoy as free-men of EnglandcThat we neither may, nor can be legally bound by any Lawes, Canons, Taxes, or Com∣mands, but only such as are made and imposed on us by full consent in Parliament: and not subject to the meere Arbitrary Lawes, Ordinances, wills, commands of our Princes, Magistrates, Iudges, Prelates, or any other private men. And shall it be then held the slavery, injury, and not rather the liberty or priviledge of particu∣lar Churches, and their members, to be subject only to such Ecclesiasticall Rules, Canons, Orders, Covenants, Government and Discipline as shall be publickly agreed on, consented to, and setled in Parliament (to which all Churches, Christi∣ans 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 doubtfull case in Law, would rather have the advice of many solid Lawyers then one; he that is sicke in body, will give more credit to the opinion of the whole Colledge of Physi∣tians upon debate, then to one or two Doctors, or Apothecaries. Whence the poli∣cies of all States, Churches in all Ages, have reserved the power of making Lawes, and setling matters of greatest moment to their most generall Councells, Parlia∣ments, and Assemblies, not to Cabinet Counsells or Vesteries. Brother, it is, a true rule ofdAristotle; that men are better governed by Laws, which continue constant, inpartiall, inflexible, then by Men whose lusts, passions, interests and Page  147 private ends, doe for the most part byasse them awry; holds as well in Ecclesi∣asticall, as civill Constitutions. Therefore this legislative power and Jurisdiction of Parliaments, and Synods, over particular Churches is so farre from being a prejudice or slavery to them, that it is as great a priviledge and freedome, as our Parliaments are to our Kingdomes, which onely make binding Lawes for all, and the only meanes to free us from an arbitrary Government.

The third thing myx Brother objects is:* That all these Churches where the Apostles Preached were of absolute Authority among themselves, respectively, and equall 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 yeares or more, the Government was almost popular, and every Church had equall power of ordaining and casting out their Minister, and were independent one of another, as appeares by the Centurists. Cent. 1. c. 7. Tit de Consoiatione Ecclesia∣rum, and De Synodis privatis.

To this I answer.* 1. That there is no such thing in the first Century, my Bro∣ther quotes, nor any thing in the second, but that one particular Church, and Bishop, was not then Lord and soveraign over another; but it saith not, they were not subject to the determinations of publick Synods. 2. That none of the Churches planted by the Apostles were absolute, and Independent as you pre∣tend. 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 Pauls sending for the Elders of the Church of Ephesus to him, to Miletus, and giving them there a charge con∣cerning themselves and their flockes, Acts 20. 15. to 36. by . Cor. 11. 18. That which commeth 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 Sathan, 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, Republike, 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 Schismes, the common Peace or weale of all Churches, in which all have e∣quall interest, as is cleare by thef Synodicall determination and decrees of the Apostles Elders, and Brethren at Ierusalem, 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 EL∣DERS WHICH WERE AT HIERVSALEM. (And marke the happy fruites 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 Indepen∣dents Page  148 then; they would have quarrelled both this Synod and its Decrees, as* they doe most strangly now, or sought for to avoyd this unavoydable president, & argued as some doe now. What, we are Independent Congregations, absolute and com∣pleate within our selves, what hath the Church or Synod at Jerusalem to doe to make Decrees for us to keepe, who are under Christ alone as our onely King, Head, Governour, 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, submit∣ted to the observation of these Synodall Decrees, which our Independent Churches will not stoop to; saying, Their Churches are absolute intirely their ownegwho is Lord over them? Adde to this, that the Apostle in the 1 Cor. 11. 15. argues the unlawfulnesse of womens praying without vailes, and of mens wearing long haire (ad never longer in England then now) in the Church of Corinth, from the very custome of other Churches. Neverthelesse (saith he) if any man seens to be contentious (in opposing the premises) we have no such custome, NEITHER THE CHVRCHES OF CHRIST: where Paul from the custome of all other Churches of Christ, condemnes the irregularity of some in the Church of Corinth: whence I argue. If the lawful, laudable customes only of all other or most of the Churches of Christ ought to oblige a sister Church, that is singular, and diffe∣rent 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 claime a power over the Church of Philippi, nor one of the seven Churches exercise a Ju∣risdiction over the other, as they were single Churches, and under severall civill Government, whose Magistrates then were not Christians; yet Paul, John, and the other Apostles held a jurisdiction over them, as their Epistles to them mani∣fest, 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 combi∣ned; as the second Century, cap. 7. Master Rutherford his due Right of Presbi∣tires, 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 Sepulchres hath no jurisdiction over Saint Androwes, nor the Church of Pauls over Westminster, not the Church of England over the Church of France, or Scotland: Ergo a generall Councell, or Nationall 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 Lawes 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 Lawes to one another Ergo all these counties, cities, burroughs assembled in Par∣liament, in their Knights, and Burgesses, have no power to make Lawes to bind any of them, nor the Kingdome. And what then becomes of our Parliaments Authority, and legislative power, if this kind of logick be admitted?

4. MyhBrother & other Independents generally grant, that every Congregation Page  149 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 particuler Churches, much lesse then in respect of an whole Na∣tionall Synod, Parliament or Presbitery; which reasoniothers having large∣ly prosecuted, I shall but touch.

5. I demand, whether every particular Church or Congregation whatsoever, be such an absolute, compleat, independent body in it selfe, subject only unto Christ, &c. or only independent Churches and congregations? If Independent only, I pray shew your Magna Charta for such a peculier priviledge, which no Churches else en∣joy or challenge but onely yours. If all particuler Churches enjoy this privi∣ledge, then marke the consequence: Papists, Arminians, Anabaptists, Sociniaas, Antinomians, Arrians, Familists, (and as one Master Williams an Independent affirmes, in Print, Mahumetans, Iewes, and all the severall 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 Lawes to regulate, reclaime, suppresse, or punish them, because they are subject to none but to Christ, and accountable onely to him, and their conscien∣ces free; then* every Sectary, Schismaticke, Hereticke what soever may gather and set up an Independent Church, of three or foure families, persons in a corner; and neither King, Parliament, nor Presbiteries may question, or suppresse them, because they are immediatly subject to none but Christ. Then persons questioned, excommunicated by their congregations, or such members of your Churches, who either feare your censure or fall into any pett, or humour against your Ministers, Elders, Government, may set up a new Church of their owne, and so avoyd both your jurisdiction and censures. In one word, this absurd Paradox would open a large guppe to all Errours, Heresies, all Sectaries, Schismaticks impious practises and opinions, without the least impunity, restraint, or meanes of reformation.

6. This conceit (derived onely from thekPope himself, who claimes this pri∣viledge, that he is subject and accountable to none but Christ himselfe in spirituall things, and is an Independent Church within himselfe, as the Iesuites with others affirme) makes every Independent Church or Minister a meere Pope, subject and accomptable 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 Realme, to your utmost power, according to your Vow and Covenant; when as you banish onely one Pope, and set up many, in making every Indepen∣dent Minister and Congregation, a meer Antichristian Popelexalting it above all that is called God, as immediately subiect to none but Christ.

Mym Brothers fifth Objection is: That Christ should be very unfaithfull, care∣lesse, 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, Civill States or Parliaments, to set up such a Church-government and Discipline, as they should conceive were most suiteable to Gods Word, and the Lawes and customes of the Realm, and manners of their people.

Page  150 I Answer 1. In generall,* In generall, that this is onely words, not proofes; matters of fact (as this now controverted is) must be ever proved by reall visible demon∣strations, not farre-fetched inferences, fancies, probabilities, suggestions, or pretended inconveniences of our owne devising. Therefore (Brother) trouble not the world any more with inferences, or illustrations of what is not, but pro∣duce some down-right Scripture proofes of what really is: what Philip spake in one sence to our SaviournShew us the Father and it sufficeth us; I shall say to you, shew us your Church-Government deliniated, prescribed to all Churches in Scripture, in all particulars wherein we differ, and it shall suffice us; but your Infe∣rences from the Tabernacle, Temple, Ezechiels vision & these objected inconveniences, neither will nor can satisfie any man who hath any science, conscience or reason to guide his choise.

2. I answer; That Christ hath not been so extreamly negligent or carelesse 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 forme of Church-Government and Disci∣pline under the Gospel, as he was in the Old Testament, in setting downe the patterne of the Tabernacle, Arke, Temple, under the Law, as you object. For Brother, your selfe acknowledge in your Margent, pag. 5. 6. (upon second thoughts) that he hath not done it, though you affirme the contrary in your Text; Wil you I pray argue, that Christ is more carelesse of his Church under the Gospel then under the Law, because the manner and time of Circumcision; eating the Passeover, consecrating of Priests, with all their accoutrements; the forme of the Ta∣bernacle, Temple, with all the Services, Sacrifices thereto belonging, are more exactly and particularly set downe and prescribed in the Old Testament, then the manner, time, or forme of Baptisme, administring and receiving the Lords Sup∣per, ordination of Ministers, the model or fashion of our Churches, and their necessary furniture are in the New: or because the use of solemne Vowes and Covenants (your great Diana) the manner of solemnizing Fasts, sanctifying the Sab∣bath, Feastivalls, Nationall Assemblies, &c. are more exactly delineated and prescribed in the Old Testament, then the New? Or, which soares higher; was Christ more carelesse of his Church before then under the Law, because he gave them not the Law in writing as he did in after times? or carelesse of the Church under the Law, because he gave them not the Gospel then, but Law alone? Brother, your self acknowledge, that Christ hath left his Churches, childrens consciences more free under the Gospel, then they were under the Law,oexempting them from the Cere∣moniall Law, and all humane Ordinances, to which they were formerly obliged. Is he therefore carelesse, or unfaithfull? I beseech you Brother, take heede how you cast dirt in Christs owne face by such strained inferences; or charge your Brother with no lesse thenpHeresie, or hereticall Doctrin, by such extravagant inferences, and incoherent Arguments: for fear you dishonour both your Master and your self.

3. Though Christ hath left no absolute exact forme of Church-Government in Scripture for all Churches and Ages, yet he hath left hisqWord, to be a light to the feete, and a Lanthorne to the pathes of all his Saints and Churches; and said downe such generall Presidents, rules, and directions therein, as may serve for or∣dering, directing, and regulating of all Churches herein; yea he hath given us some more particular rules for some things which concerne the Government of his Page  151 Churches, The Scripture hathr generall Rules for our faith, life, manners, thoughts, words, actions, apparell, eating, drinking, praying, preaching, receiving the Sacrament, &c. applicable to all particular cases and occurrences concerning them, though not particular punctuall rules for deciding all those cases of con∣science, and controversies that frequently arise concerning them: yet Christ is not unfaithfull, because he hath left his Church sufficient rules, and meanes of salva∣tion in generall or particular, to bring it safe to heaven.

4 The providing of godly and faithfullsMinisters, Magistrates, and Governours of the Church, to put good Laws, Disciplin, and Government in execution, is a great part of Christs 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 selfe-same measure of gifts, and endowments to discharge his Ministery? or, because some Ministers are more negligent in their places then others; and some sheep aretleft oft-times without a Shepheard, or committed to a Iudas, a Thiefe; or to Wolve, false Teachers, Seducers, which teare, and devoure instead of feeding them? or because he set not up, and maintained this forme of Church Government you now contend for as his, and none else beside, in all Churches for so many hundred yeares together, but reserved this honour 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 discerne by this, where your owne pretended inconveniences, and inferences will drive you at the last, if you rely upon them; I beseech you therefore (as a loving Brother) to forbeare them for the future.

4. Whereas you object,** We should have a mad world of it if Civill States, Magi∣strates, Kings and Parliaments should set up such a Government 〈◊〉 they conceived to be agreeable to Gods Word, and the good Lawes and Customes of their Realmes. I answer.

1. That it is your own position,*vthat every particular man and Church ought to walke according to the rule of their own consciences, and judgement, not anothers, Christ only being Lord of their consciences. If then a whole Kingdome, Parlia∣ment, Church, or Realme shall conceive, and be perswaded in their conscien∣ces, that such and such a Church Government is most consonant to Gods Word, most suiteable to their condition, and therefore shall upon solemne debate, after much seeking of God by Prayer and Fasting, make choise of this government before another, as by electing a Presbyteriall, rejecting an Independent way; What madnesse, or inconvenience, meer slavery, tyranny, humane invntions, superstitions, or corruption will this introduce? Shall they be Hereticks presently for such a choise, asxyou define them? Shall private men have more liberty of choise, or conscience then whole Nations, Synods, Parliaments; or more wise∣dome, temper, knowledge, discretion, conscience then they? Indeed I have read of one Parliament stiled theyMad, and another thezunlearned, because there were no Lawyers in it: and no doubt both Parliaments, Councells, Synods, generall Assemblies may, and doe sometimes erre, and that grosly, as well as pri∣vate persons or congregations. But doubtlesse all reasonable men will and must acknowledge,*that two are better then one; a whole Court of Iustice lesse liable to errour and corruption then a particulr Judge; a whole Parliament then a Committee; an whole Synod then a private Conventicle or congregation: Then Page  152 tell me in sober sadnesse (good Brother) whether your Independent Assertion. *That every particular Minister hath power to gather, and set up a Church of his owne, Independent from any other, and to choose such a Discipline, Government to themselves as they CONCEIVE to be most suiteable to Gods Word (though in truth it be not so, but a meer CONCEITE, as I feare your New way is.) That particular Christians have power to unite themselves into a Church, and elect a Minister and Government of their owne choise, most agreeable, as they thinke, to the Word. And that every Sect and Person ought to have free liberty of conscience in the exercise of what they beleeve: Or my Position, be likely est to produce more madnesse in the world, or mischiefes in the Church? Certainely it will be a madder world (and Church too indeed) when every private Minister and Christian may follow their owne opinions, fancies, crochets, waies, every Sectary set up his owne congre∣gation, sect, and vent his owne erronious schismaticall Opinions without con∣trol: when every man shall have priviledge to doe*What seemes right in his owne 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 ayre, different from all others, but set them up openly in our Cities, Coun∣ties, Kingdomes, without impediment, in contempt of Lawes, Parliaments, all Civill or Ecclesiasticall Authority (as too many I feare doe now, and I hope the High Court of Parliament will remedy it in due time) because they deem their owne fancies, Gospel; their owne Juventions, Christs Oracles. Certainly the world, and Church will both be mad in good earnest, when such a licentious∣nesse shall be proclaimed under the Notion of Christian Liberty, & every mans own private way, christned with the Name of Christs Kingdom, &c. though it hath small affinity with it. The God of peace, order, of his infinite mercie preserve us safe from this Maniaca Insania, this deadly madnesse into which we are running, and hath already desperately seized upon the Braines and hearts of many.

Myn Brothers sixth Objection is this,*That Parliaments, Councells, Synods are not now infallible, but subject unto errour, many of them having erred, and that grosly 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 bind∣ing Determinations, Lawes, Canons, Decrees in any Ecclesiasticall matters, to ob∣lige any particular Churches or christians. Good Brother (writes he) for all your punctuall quotations of that Scripture, Acts 15. you doe not all this while tell us that which is the maine of all, which we finde in the 28. verse. IT SEEMED GOOD TO THE HOLY GHOST and Ʋs, to lay upon you no other burthen then these necessary things. Now, Brother, we challenge you to shew us ANY PARLIAMENT, COVNCELL, SYNOD, EVER SINCE THE APOSTLES, that could or can say thus, It seemed good to the Holy Ghost and Vs, to determine controversies of Religion, to make and impose Lawes to bind all men, &c. Shew this to us at this time, and we will obey But if you cannot, AS YOV NEVER CAN, never let any man presse upon us that Scripture, that Synod WHICH HATH NO PARALELL in the whole world, and so is NO PRESIDENT, PAT∣TERNE, FOR ANY COVNCELL, SYNOD, PARLIA∣MENT. Page  153 Thus my Brother Burton concludes hence with abundance of confidence.

But sweet Brother,*let not him who putteth on his harnesse, boast as he that puts it off: receive your Answer first, and then be as vainly confident as you will 〈◊〉 your obtuse Argument afterwards, which I shall thus retort upon you. First (I suppose) you will grant, That the ApostlesdPreached, (as well a writ and determined) by an infallible spirit, and by the Holy Ghosts Divine inspiration, when as neither your self, nor any other Independent, nor 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, be∣ing not guided by any infallible Spirit, and because you may possibly erre, and cannot say as the Apostles did, it seemes good to the Holy Ghost, and to us; and then Brother, of what value are all your Sermons, Books, and confident assevera∣tions of the Divinity of your Independent way? your Disciples and congregati∣on 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 or∣dained Elders, and laid their hands upon them, did usuallyegive them the holy Ghost, and gift of tongues (who fel upon the parties ordained, and those to whom they Preached) and to those whom theyfBaptized (as the marginall texts assure us) which no Mini∣sters nor Elders can do now: Ergo no Ministers may or can now ordain any Mini∣sters 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.g Moses gave no civill nor judiciall Laws to the Israelites under the Law, but such as he received immediately from God by an infallible Spirit. Ergo Kings and Parliaments at this day can make no civill temporall Lawes to governe their peo∣ple by, because they receive them not immediately from God, by an infallible spi∣rit. 4. Christ sent none to Preach the Gospel, or administer the Sacraments, but such whom himself, immediatly called, ordained, furnished miraculously with gifts of tongues, and with the Holy Ghost, (A priviledge peculier to the Apostles, and some few o∣thers in their daies, not communicable to any ordinary Ministers) and made El∣ders, and Bishops by the Holy Ghost.hErgo No Ministers but such who are thus imme∣diately 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-prea∣chers? I hope Brother by this time, you most renounce your Argument as ab∣surd, or else your Preaching, Church, Ministery, at least your writings, will be little valued, which now you see are not infallible.

2. A possibility of erring, or some actuall errours in Councells, Synods, Parliaments, are no good grounds of rejecting all their determinations, Lawes. Edicts, but only such as are apparently erronious and repugnant to the Scripture. Suchiindeed you may disobey, but to all others youkmust submit, even in point of conscience, as I have formerly proved. If you deny this, then marke the consequence of your deniall. Ministers may, and sometimes actually doe erre, both in their preaching and writing; and I doubt Brother it is, or may be your own case: Ergo people must neither obey nor believe any thing they preach or write, but contemne all: Parliaments, Princes, Magistrates, Elders, Parents, Masters, Tutors of all sorts may, and oft-times actually doe swerve from truth, and Iustice Page  154 in some of their Lawes, Orders, Precepts, commands, and Iudgements: Ergo their subjects, wives, children, husbands, schollars, pupills must receive no Lawes, Orders, Commands, or instructions from them, nor yet obey them in any thing which they shall prescribe. Brother you may as rationally arguelin many things we offend all: Ergo we must not endeavour to doe any thing that is good; Or conclude, in many things, and in making Lawes we erre all; Therefore we must obey no humane Ecclesiasticall or civill Laws in which we can discern no apparent error. Brother, will youmdrink no wine at all, as the Apostle gives Timothy ad∣vise to do, because some have dranke poyson in it, and you perchance may doe so to? Or shall none adventure to marry a good wife or husband, because so many have met with bad? Answer me these questions, and then you need no other answer to what you object, but your own reply to them.

3. Admit Synods, Councells, Parliaments have sometimes erred out of humane frailty; yet this is a most certaine truth, that they are not so apt or prone to erre, (having more helpes, meanes, assistances to keep them from erring, when they nare met together in the Name and feare of God) as private men, or Conventi∣les of persons lesse learned, lesse experienced, they being more able to discover and bolt out truthes by debate then they. This is the ground why Solomon concludes,oThat two are better then onpthat in the multitude of Councellors there is safety; why the greatest points of Religion and State, have in all ages been debated, resolved not in Conclaves, Conventicles, Chambers, Closets; but in generall or nationall Coun∣cell, Assemblies, Parliaments, as the most effectuall meanes to discover, suppresse errours, heresies, and resolve doubts; for which we have an unanswerable preg∣nant president in the Old Testament, 2 Chron. 30. 1. to the end: where King Hezechiah, with all the Princes and Congregation of Israel and Iudah (assembled in full Parliament at Ierusalem) upon solemn debate resolved, AND ESTA∣BLISHED A DECREE, to keep the Passeover in the second moneth, be∣cause they could not keepe it in the first, the Priests and people being not sufficiently sanctified: And another in the New: in the Chapter objected (Acts 15.) where the Apostles themselves assemble a full Synod to debate and resolve the great contr∣versie raised in the Church, concerning the necessity of Circumcision. This then being an indubitable Verity, it is most certaine, that Parliaments, Generall, or Natio∣nall Synods, and Councells, are the fittest of all others to make Lawes and Canons for all civill and Ecclesiasticall matters in State or Church, because they are least subject to errour. And therefore there is great reason all their Lawes, Canons, Edicts should be obeyed as just and good, but such wherein there is apparant er∣rour, and pregnant contrariety to the Scrip••re.

4. All determinations of men not immediatly directed by an infallible spirit ven in Church-affaires, ought not to be condemned but submitted to: since Paul resol∣ved some things of his kind by his owne private spirit vvithout 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 cleare 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; wereq not only Apostles in∣dued with in infallible spirit: but likevvise the ELDERS, BRETHREN, AND WHOLE CHURCH (OR Synod) then assembled at Ierusalem. Now Brother you cannot say nor prove, that all the Elders, Brethren, and whole Page  155 Church of Ierusalem were infallibly inspired: yet they all used this Language then, as well as the Apostles; therefore by the self same Reason, Parliaments, Sy∣nods, Councells, may do it now, especially where they arnestly seck to God for the Holy Ghosts direction, assistance, ayde, by fasting and prayer▪ Secondly, God hath commanded all Christians earnestly torpray for, and hathspromised to give the holy Ghost and his Spirit to those that ask him: yea, the Scripture is ex∣presse, that the Holy Ghost and Spirit doth not only sanctifie, comfort, live, dwell, and abide in the hearts, soules of Christs Ministers and people for ever; butvavers that their very bodies are the Temples of the holy Ghost which dwelleth in them, thatxhe shall lead his Church and people into all truth: why therfore they may not now say when Assembled in Parliament, or a Synod with sincere hearts, desirous to re∣forme and settle Church-government, as near as may be to the Scripture; It seemes good to the Holy Ghost and us (especially when they have found an extraor∣dinary 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 haveyall 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 drinke into ONE SPIRIT. I cannot discerne.

Thirdly, all Christians are expresly commanded, toz pray in the Holy Ghost; to pray in the Spirit, and sing in the Spirit, in which duties the Spirit helpeth our in∣firmities: yea the Scriptures are direct; that Christians are not onlya Regenerated, quickned, sanctified by the Holy Ghost, and Spirit of Christ, and receive the ear∣nest and first fruits thereof;b but that they are lead by the Spirit, Walk in the Spirit, live in the Spirit, worship God in the Spirit, speak and blesse God in the Spirit; yea it is the greatc promise under the Gospel, that God will powre out his spirit upon all flesh: that they shall receive the gift of the Holy Ghost, and bed 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 Bro∣ther, 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 Proselites, Members, how by the spirits direction you gathered your Independent Church; pre∣scribed them your new Covenant, Discipline, Government, that you exhort, teach, instruct, comfort wounded soules, and resolve their scrupulous consciences doubts, by the assistance and guidance of the Holy Ghost; else all you doe, say, prescribe, resolve, is to little purpose; and the work of your Ministry wilbe very unprofitable; disclaim but this, and all your new Congregation will soone 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 evi∣dence, and demonstration thereofe 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 undenyable Scripture and experimentall Truth: why a Par∣liament of Godly Religious Lords and Commons, with an Assembly of Reve∣rend 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 Page  156 Councels have usually done in former time, from this very Tet) you cannot re∣der the least dram of reason.* If you alledge (which is all that can bef 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*onely known to God, not you, who onely knweth who are his, and hath made you no Iudges of their hears; 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 Gods sanctifying spi∣rit; * 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 jealouies, or 〈◊〉; and the 〈◊〉 or a great part being such; they may now as wel use this expression, 〈◊〉 the Apostles, Brethrn, and whole Synod of Ierusalem, whom you dare not ver to be all reall Saints, endued with the infallible and sanctifying spirit of God: So as, Brother, you might well have forbrn, that sco••e you put upon our Assembly and Parliament: A Cardinall in the C••clave at Viterbium, af∣ter almost 3. yeers agitation [Asgmany yeers* AS WE HAVE BEEN ABOVT TO SET VP A REFORMATION, AND THE FOVNDATION NOT YET LAID] each Cardinall ambitiously aspiring to be the Pope, one of them rse 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 ishyour own Dog∣maticall Resolution, That in the Synod at Jerusalem, onely the Apostles were guided by the Holy Ghost and an infallible spirit, not all the Elders, Synod, and Brethren, who did but give their con∣sent to those Decrees, as Softines, Tychicus, Timothy, and other Brethren joyned with Paul in his 〈◊〉 Therefore because the Apostles who had the leading Votes, were thus guided, and they consented, they all joyned 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 indued with Gods Holy Spirit; they may all by like reason joyne 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 ofiBa••••kSaul, amongst the Prophets,lCaiphas,mGama•••, Iudas, and infinite others, by daily experience as wel Ministers and People; as he made use ofoCyrus, Darius, Artaxerxes with o∣ther 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, ho∣nourable, christian respect our hearts or tongues can yeeld them) there being at least some true Nathaniels 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 downe the spirit of truth and ho∣linesse upon all their Persons and Resolutions; we cannot but in christian charity expect and beleeve, that all they resolve on may have, It seemed good to the Holy Ghost, and us, inscribed on its front, until the contrary shal evidently appeare. Therefore there is not the least shadow of reason rendred by you, but that you and yours should make good what you have promised in the objected passage:pShew 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 unfainedly aime at) I have fully and freely answered all your pretended Objections against the Ecclesiastical legislative power and Iurisdiction of Parliaments, Councels; yea the substance of your whole Vindication, in defence of the Independent way, in such sort as I trust will fully satisfie both your self and others whom you have misled. If I shal be so happy as to heare from you, That I have won my Brother, and reclaimed him from an 〈◊〉 dangerous By-path▪ I shall exceedingly rejoyce in it, and blesse God for it; and you and I shal most joyfully de∣part from off the publick Theatre likeqCecilius, Octavius, and Menucius Felix, 〈◊〉 hac sati hilaresque dicessimus; Caecilius quod crediderat, Octavius gaudens quod vicerit; Et ego, quod hic crediderit, & hic vicerit.

What else remaines of this Treatice, shal by Gods assistance be supplyed in due season. In the meane time, I shall implore the blessing of Heaven upon this for our States and Churches 〈◊〉.

FINIS.