Keimåelia 'ekklåesiastika, The historical and miscellaneous tracts of the Reverend and learned Peter Heylyn, D.D. now collected into one volume ... : and an account of the life of the author, never before published : with an exact table to the whole.

6. That the Clergy lost not any of their just Rights by the Act of Submission, and the power of calling and confirming Councils did anciently belong to the Christian Princes.

If you conceive that by ascribing to the King the Supream Authority, taking him for their Supream Head, and by the Act of Submission which ensued upon it, the Clergy did unwittingly ensnare themselves, and drew a Vassallage on these of the times succeeding, inconsistent with their native Rights, and contrary to the usage of the Primitive Church: I hope it will be no hard matter to remove that scruple. It's true the Clergy in their Convocation can do nothing now, but as their doings are confirmed by the Kings Authority, and I conceive it stands with reason (as well as point of State) that it should be so. For since the two Houses of Parliament, though called by the Kings Writ, can conclude nothing which may bind either King or Sub∣ject in their civil Rights, until it be made good by the Royal Assent: so neither is it fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts, to conclude both Prince and People in spiritual matters, until the stamp of Royal Autho∣rity be imprinted on them. The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have, but restrains them only in the exercise of some part thereof, to make it more agreeable to Monarchical Government, and to accommodate it to the benefit both of Prince and People. It's true, the Clergy of this Realm can neither meet in Convocation, nor conclude any thing there∣in, nor put in execution any thing which they have concluded, but as they are enabled by the Kings Authority. But then it is as true withal, that this is neither incon∣sistent with their native Rights, nor contrary unto the usage of the Primitive Times. And first it is not inconsistent with their native Rights, it being a peculiar happiness of the Church of England to be always under the protection of Christian Kings; by whose encouragement and example, the Gospel was received in all parts of this Kingdom. And if you look into Sir Henry Spelman's Collection of the Saxon Councils, I

believe that you will hardly find any Ecclesiastical Canons for the Government of the Church of England, which were not either originally promulgated, or after approved and allowed o either by the Supream Monarch of all the Saxons, or by some King or other of the several Heptarchies, directing in their National or Provincial Synods. And they enjoyed this Prerogative without any dispute after the Norman Conquest also, till by degrees the Pope in grossed it to himself (as before was shewn) and then con∣ferred it upon such as were to exercise the same under his Authority; which plainly manifests that the Act of Submission so much spoke of, was but a changing of their dependance from the Pope to the King, from an usurped to a lawful power, from one to whom they had made themselves a kind of voluntary Slaves, to him who justly chal∣lenged a natural dominion over them: And secondly, that that submission of theirs to their natural Prince, is not to be considered as a new Concession, but as the Recog∣nition only of a former power.

In the next place I do not find it to be contrary to the usage of the Primitive times. I grant indeed that when the Church was under the command of the Heathen Em∣perors, the Clergy did Assemble in their National and Provincial Synods of their own Authority; which Councils being summoned by the Metropolitans, and subscribed by the Clergy, were of sufficient power to bind all good Christians who lived within the Verge of their jurisdiction. They could not else Assemble upon any exigence of affairs but by such Authority. But it was otherwise when the Church came under the protection of Christian Princes; all Emperors and Kings from Constantine the Great (till the Pope carried all before him in the darker times) accompting it one of the principal flowers, (as indeed it was) which adorned their Diadems. I am not wil∣ling to beat on a common place. But if you please to look into the Acts of ancient Councils, you will find that all the General Councils (all which deserve to be so called, if any of them do deserve it) to have been summoned and confirmed by the Christian Emperors, that the Council of Arles was called and confirmed by the Emperor Con∣stantine, that of Sardis by Constans, that of Lampsacus by Valentinian, that of Aquileia by Theodosius, that of Thessalonica (National or Provincial all) by the Emperor Gra∣tian: That when the Western Empire fell into the hands of the French, the Councils of Akon, Mentz, Meldun, Wormes, and Colen received both life and motion from Charles the Great and his Successors in that Empire; it being evident in the Records of the Gallican Church, that the opening and confirming of all their Councils not only under the Caroline but under the Merovignean Family, was always by the power, and sometimes with the Presidence of their Kings and Princes, as you may find in the Col∣lections of Lindebrogius and Sirmondus the Jesuite; and finally that in Spain it self (though now so much obnoxious to the Papal power) the two at Bracara, and the ten first holden at Toledo, were summoned by the Writ and Mandate of the Kings thereof. Or if you be not willing to take this pains, I shall put you to a shorter and an easier search; referring you for your better information in this particular, to the learned Sermon Preached by Bishop Andrews at Hampton Court, Anno 1606. touching the Right and power of calling Assemblies, or the right use of the Trumpets. A Sermon Preached purposely at that time and place for giving satisfaction in that point to Melvin, and some leading men of the Scotish Puritans, who of late times had arrogated to themselves an unlimited power of calling and constituing their Assemblies without the Kings consent and against his will.

As for the Vessallage which the Clergy are supposed to have drawn upon themselves by this Submission, I see no fear or danger of it as long as the two Houses of Parlia∣ment are in like condition; and that the Kings of England are so tender of their own Prerogative, as not to suffer any one Body of the Subjects to give a Law unto the other without his consent. That which is most insisted on for the proof hereof, is the delegating of this power by King Henry VIII. to Sir Thomas Cromwel (afterwards Earl of Essex and Lord high Chamberlain) by the name of his Vicar General in Ecclesiastical matters; who by that name presided in the Convocation, Anno 1536. and acted other things of like nature in the years next following. And this (especially his presiding in the Convocation) is looked on both by Sanders and some Protestant Doctors, not only as a great debasing of the English Clergy (men very Learned for those times) but as deforme satis Spectaculum, a kind of Monstrosity in nature. But certainly those men forget (though I do not think my self bound to justifie all King Harries actions) that in the Council of Chalcedon, the Emperor appointed certain Noble-men to sit as Judges, whose names occurr in the first Action of that Council. The like we find

exemplified in the Ephesine Council, in which by the appointment of Theodosius and Valentinian then Roman Emperors, Candidianus, a Count Imperial, sate as Judge or President; who in the managing of that trust over-acted any thing that Cromwel did, or is objected to have been done by him as the Kings Commissioner. For that he was to have the first place in those publick meetings as the Kings Commissioner, or his Vicar-General, which you will, (for I will neither trouble my self nor you with dis∣puting Titles) the very Scottish Presbyters, the mo st rigid sticklers for their own pre∣tended (and but pretended) Rights which the world affords, do not stick to yield. No Vassallage of the Clergy to be found in this, as little to be feared by their Submission to the King as their Supream Governour.

Thus Sir, according to my promise, and your expectation, have I collected my Re∣membrances, and represented them unto you in as good a fashion as my other trouble∣some affairs, and the distractions of the time would give me leave; and therein made you see, if my judgment fail not, that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church, than what hath formerly been done by the secular Powers, in the best and happiest times of Christianity; and consequently, that the clamours of the Papists and Puritans both, which have disturbed you, are both false and groundless. Which if it may be service∣able to your self, or others, whom the like doubts and prejudices have possessed or scrupled, It is all I wish; my studies and endeavours aiming at no other end, than to do all the service I can possibly to the Church of God; to whose Graces and di∣vine Protection you are most heartily commended in our Lord and Saviour Jesus Christ, By