Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91309 of text xxx in the English Short Title Catalog (Thomason E259_1). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 690 KB of XML-encoded text transcribed from 86 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A91309 Wing P4115 Thomason E259_1 ESTC R212479 99871087 99871087 159261 2240929524

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Early English books online. (EEBO-TCP ; phase 1, no. A91309) Transcribed from: (Early English Books Online ; image set 159261) Images scanned from microfilm: (Thomason Tracts ; 44:E259[1]) Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. [12], 156 p. Printed by John Dawson, and are to be sold by Michael Sparke, Senior, London, : 1645. At foot of title, above imprint: Decem. 3. 1644. It is ordered by the Committee of the House of Commons, concerning Printing, that this book, entituled, Truth triumphing over falsehood, antiquity over novelty. be printed by Mich. Sparke, Senior. John White. ["Truth triumphing over falsehood, antiquity over novelty." is enclosed in square brackets]. Annotation on Thomason copy: "January. 2d. 1644"; the 5 in imprint date crossed out. Reproduction of the original in the British Library. eng Goodwin, John, 1594?-1665. -- Innocencies triumph. Puritans -- Controversial literature. Church and state -- England -- Early works to 1800. eebo Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iuris Prynne, William, 1645 171 116817 598 0 0 0 0 0 51.19 D The rate of 51.19 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-07 Assigned for keying and markup 2007-07 Keyed and coded from ProQuest page images 2007-10 Sampled and proofread 2007-10 Text and markup reviewed and edited 2008-02 Batch review (QC) and XML conversion

TRVTH TRIVMPHING OVER FALSHOOD , ANTIQVITY 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 ; ( here proved to be anciently , and in truth none other but Parliaments , especially in England ) both by Scripture Texts , Presidents of all sorts , and the constant uninterrupted Practices , Examples , of the most eminent Emperors , Princes , Councells , Parliaments , Churches , and Christian States , ( especially of our owne ) in all ages since their embracing the Gospell .

In Refutation of M r. Iohn Goodwins Innocencies Triumph : My deare brother Burtons Vindication of Churches , commonly called Independent : And of all Anti-Monarchicall , Anti-Parliamentall , Anti-Synodicall , and Anarchicall Paradoxes of Papists , Prelates , Anabaptists , Arminians , Socinians , Brownists , or Independents : Whose old and new Objections to the contrary , are here fully answered .

By William Prynne , of Lincolnes Inne , Esquire .

Jer. 6. 16.

Thus saith the Lord , Stand yee in the wayes and see , and aske for the OLD PATHES , where is the GOOD WAY , and walk therein , and yee shall find rest for your soules : But they said , Wee will not walke therein .

Luk. 5. 39.

No man also having drunk OLD WINE , straightway desireth NEW : for he saith , THE OLD IS BETTER .

Tertul. de Praescrip. adver. Haeres .

Ex ipso ordine manifestatur , id esse Dominicum & Verum , quod sit priùs traditum ; id autem Extraneum & Falsum , quod sit posterius immissum .

Decem. 3. 1644. It is Ordered by the Committee of the House of Commons , concerning Printing , that this Book , entituled , [ Truth Triumphing over Falshood , Antiquity over Novelty . ] be printed by Mich. Sparke , Senior .

John White .

London , Printed by John Dawson , and are to be sold by Michael Sparke , Senior , 1645.

TO THE HIGH COVRT OF PARLIAMENT . Right Honourable ,

HAving had the Honour , through Gods assistance , to be a meane , though cordiall Instrument , of Vindicating The Soveraigne Power of Parliaments and Kingdomes , in all Civill or Military affaires which concerne the State , in Foure severall Volumes , against all Opposites whatsoeever ; which they have ( for the most part ) satisfied , or put to silence : I expected a Quietus est from all other Controversies , concerning the Iurisdiction of Parliaments , especially in Ecclesiasticall matters ; which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament , by a publike Law : But ( alas ) I know not by what evill Genius , and Pythagorean Metempsychosis , the Anti-Parliamentary Soules , formerly dwelling in our defunct Prelates earthly Tabernacles , are transmigrated into , and revived in a New-Generation of men ( started up of late among us ) commonly known by the Name of INDEPENDENTS ; who , though for the most part really cordiall in their Affections , Actions to the Parliament and Church of England , ( for which , and for their piety they are to bee highly honoured ▪ ) yet some of them are of late become extremely derogatory , and destructive unto both , in their Anarchicall and Anti-Parliamentary Positions : For which , and for their late gathering of Independent Churches , contrary to Your Parliamentary Injunctions , they are to be justly blamed , as great disturbers of our publike Peace and Vnity .

It is the observation of learned a a Select . Disputat . de Quaest. in quibus sit Potestas Ecclesiastica . Thes. 1. 4 , & 5. Voetius and b b De Episcopatu Constantini Magni . p. 3. 4 , 5 , 6. Vedelius , That the Arminians in the Netherlands , for the advancing of their owne Faction , and more facill accomplishment of their private ill Designes , did before the Synod of Dort , and in the beginning thereof , exceedingly cry up the Power of the Civill Magistrate , and States of Holland , in Ecclesiasticall matters , both by Writing and Preaching ; ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith , and Ecclesiasticall matters arising in the Church , as a Prerogative belonging immediately under Christ to them alone : And thereupon they appealed to the States , from the Ecclesiasticall Classes , as the proper Iudges of the Controversies they had raised in the Belgick Churches . But at last , after the Synod of Dort had determined against their Arminian Errors , and the c c See Acta Synodi Dod● . p. 3●5 , 326 , 327 States established their Determinations , prohibiting the Preaching or Printing of any Arminian Tenets , with the private Independent Congregations and Conventicles of the Arminian Party , they presently altered both their opinions and practice ; crying downe the Authority of the States and Civill Magistrate , as fast as they had cryed it up , both in their d d Apologiae . c. 25. See Episcopius Disput. 32. Thes. 4. Mr. Rutherfords , Due Right of Presbyteries . p. 343 , 344 , 345 357 , 358 , 359. Apologies and Sermons ; contracting , yea denying them that very power which before they had so liberally measured ●ut unto them ; affirming , that the States had no power at all over their private Congregations : that it was not any right or part of their Office to obliege men , by their authorities , to the Decrees of Synods , however agreeable to the word of God ; and that they ought not to use any coactive Power or Authority in such cases , to obliege them to conformity .

This Practice of the Arminians was , by e e Anti-apol●gia . p. 157 , 158. Mr Thomas Edwards , by way of prediction , applied to the Independents , in these very tearmes : And it may be feared , however these Apologists NOW to ingratiate themselves , and being let alone in their Church-way , say , they give more to the Magistrates than the Presbyteriall , and that they professe to submit , and to be most willing to have recourse to the Magistrates Iudgement , and Cognizance , and Examination of Ecclesiasticall Causes ; yet when they shall come once to be crossed , and the Parliament , by the advice of the Assembly , to settle the Government of the Church , and by their Authority to bind them to things agreeable to the word , wee shall see then what they will say of the Magistrates Power . There are too many speeches already , since the Assembly , ( out of their feare how they may goe ) which have fallen from many Independents , THAT PROGNOSTICATE , THEY WILL DOE BY THE PARLIAMENT , AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES . Which Prognostication hath fallen out accordingly . For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing , but very gently , by way of debate , against their Anarchicall and Anomolous New-Way , ( derived from their good friends , the f f See Lac●● Osiander his 〈◊〉 Controversiarum cum Anabaptistis . German Anabaptists and g g See Mr Rob●●sons Apology Separatists , and supported only with their Arguments , as I am fully able to demonstrate ; ) they have not only in Presse and Pulpit cryed up their Way , as the Onely Way , Kingdome , and Scepter of Christ ; and denyed all opposition in word , deed , or thought against it ; as a direct h h See Mr. Iohn Goodwins Theomachia , and Innocencies Triumph . FIGHTING AGAINST GOD ; and promoted it publikely and privately with all their Industry , Policy , Power ; setting up New Independent Congregations in every corner ; but even with open mouth , pen , hand , ( contrary to their former Solemne Vowes , Covenants , Protestations , which I feare they have over-much forgotten ) cryed downe , and fought against the very Ecclesiasticall Power , and Legislative Authority of the High Court of Parliament it self , and Supreme Temporall Magistrates : proclaiming not onely in their i i Mr. Iohn Goodwins Sermon , Febr. 25. 1643. Pulpits , but likewise in sundry late k k Reply to A. S. Mr. Iohn Goodwins Theomachia : and Inocencies Triumph . An Answer to Mr. William Prins Twelve Questions . My Brother Burtons Vindication . p. 5. 6. &c. Pamphlets , wherewith they have filled the World , That every particular Congregation of visible Saints , and Independent Church , is under the Government of Christ alone , as the ONELY Head , King , Governour , Law-giver of it ; and subject TO NO OTHER IVRISDICTION , then that of Christ , his word and Spirit . That NO POWER ON EARTH , NOR EARTHLY LAW-GIVERS MAY , CAN , OR OVGHT TO GIVE LAWES , FOR THE GOVERNMENT OF THIS REPVBLIKE , nor claime , nor exercise an Headship , or undertake the Government of this Body . That neither KINGS , NOR PARLIAMENTS , NOR SYNODS , have any Authority to prescribe Lawes or Rules for the Churches Government , to order the affaires of Christs Kingdome , or institute the Government of his Churches ; or to make coactive Lawes , in any Ecclesiasticall matters , to bind the conscience of any Church or Christian to outward conformity , or inflict any mulcts or penalties for contempt or disobedience ; Christ onely being the Lord of mens consciences , which ought to be left at liberty . That the Members of the Parliament are chosen but by a secular Root , by the Generality and Riffe Raffe of the world , Papists , Atheists , Drunkards , Swearers , Men voyd of the knowledge , feare , and grace of Christ : And therefore the Independent Brethren conceive as great AN IMPOSSIBILITY , that a Legitimate Ecclesiastick Power should , according to the mind of Christ , bee by them conferred upon any men , or that they should have any Power or Authority from Christ to nominate or appoint who shall bee the men , by vertue of such nomination or election , to enact Lawes and Statutes in matters of Religion , and to order under mulcts and penalties how men shall worship and serve God , as it is ( in Jobs expression ) to bring a cleane thing out of an uncleane . That the Parliaments claiming or exercising any such Ecclesiasticall Power , or others attributing of it to them , is a meanes to awaken the eye of Jealousie upon them , and seven times more destructive and under-mining of not onely their Power , but Honour , Peace , nd Safety also , than any thing that is found in the Independent Way , so ill entreated . That it is a claiming of the sacred and incommunicable Royalties of Heaven ; an accounting it no Robbery to make themselves equall with God ; and such an high provocation in the eyes of the Most High , as IF CONTINVED IN ( by the Parliament ) will kindle a fire in the brest of him whose name is Jealous , which will consume and devoure . Yea , one of them puts this Question , k k An Answer to Mr. Prynnes 12 , Queres . p. 24. & 2. If the whole Kingdome may deny obedience unto Popish Acts and Canons , or upon any other like just occasion , and they themselves bee Judges whether the occasion bee just or no ; Whether MAY NOT INDEPENDENTS , a part of the Kingdome onely , doe the like in all respects ? Or , Whether ought they , because a Lesser part of the Kingdome , yeeld obedience to Popish Acts and Canons , because a Major part approve of , and agree with a Parliament and Synod in approving them ? What if they should be for Popery again , Judaisme , or Turcisme ? t is no offence to make a Quere , nor impossible to come to passe ; the greatest part of those that chose our Parliament men being thought to be Popishly or Malignantly affected , &c. Putting divers such like Queries , destructive to the very fundamentall Power and Being of Parliaments ; and as bad or worse than the Popish Gun-powder Plot , to blow up the Soveraign Ecclesiastick , and Civill Authority of this High Court , in all succeeding Ages .

These , with infinite other Anti-Parliamentall , Anti-Synodicall , and Anti-Monarchicall Paradoxes ( at which I professe I stand amazed ) have not onely dropped from the Lips , but Pens of sundry Independents , who have avowed them publikely in Print , with their Names affixed to their Bookes , even before the face of Your Right Honourable Parliamentary Assembly and Supreme Tribunall , in such open affront and high contempt of Your undoubted Rights , Power , Priviledges , ( which Your Honours and wee all are obliged , by Late Solemne Oathes , Covenants , Protestations , to defend , maintaine , with our very Lives and Estates ; and to discover , oppose all others who shall invade them , to our uttermost power ) as I am confident no Age , nor History can ever parallel , in the least measure ; the very Malignant Prelates , and Anti-Parliamentary Cavaliers , having not proceeded , in this kind , so farre as they : which I speake with deepest griefe of heart and spirit , out of Conscience of that common Vow and Covenant , ( which bindes mee to discover , oppugne , reveale , abhorre it ) and detestation of their most pernicious Assertions , not out of the least malice or hatred to any of their Persons .

What the Independents end of publishing these desperate Anti-Parliamentary Paradoxes should be , unlesse to prepare their party and all others , as much as in them lies , utterly to reject whatever publike forme of Church-Government , Discipline , Reformation , and Directory of Worship , Your Honours by the advice of the Reverend Assembly shall establish in our Church for the future , after all your serious consultations , debates , paines , Prayers and Fastings about it ; and to set up their owne Anomolous Platforme , ( which * * Reply to A. S. p. 111. Mr. Burtons Vindication . p. 54. 71. they averre is Christs Kingdome and Government ; and which may , upon probable and higher grounds than of reason , bee thought in time to overthrow , and put downe all other Governments whatsoever , and to stand up alone in their stead ; since Christs Kingdome shall stand up , when all opposite earthly Kingdomes , like earthen vessells , shall with an Iron Rod bee dashed in peeces : Which they close up with a Faxit Deus & festinet , ) in despight of Your Authority , and all humane Power whatsoever , I cannot conjecture . And their owne late printed Passages , with * * Feb. 15 1643. Mr. Iohn Goodwins Sermon , ( that it would be more easie for him , and hee should rather yeeld to bee torne in pieces by wild horses , than submit to such a Government which proceeded from a Parliament , chosen by the Riffe-raffe of the world , &c. ) intimate and expresse as much . Which , what an high contempt it is against Your undoubted Power , and pious Ecclesiasticall proceedings , in Reforming , setling the Doctrine , Discipline , and Government of our Church , ( the grand desire and prayer of all wel-affected spirits ) I most humbly submit to Your saddest thoughts and deepest wisedomes , who have both Power and Authority in Your hands to suppresse , incomparable Prudence and Providence to prevent , these growing , dangerous Insolencies , before they become Masterlesse , or Epidemicall , past Your cure .

Farre be it from my thoughts , to exasperate Your Power or Iustice against any Delinquents of this kind ; some whereof are so neare and deare unto mee , that it is my heaviest affliction to mention their extravagancies in this kind ; of which I trust they ( and all their followers ) will be now ashamed ; and a Brotherly Admonition to their Persons ( though their Writings undergoe the sharper Censure ) will I hope induce them , upon second thoughts , both to discerne , lament , recant their fore-mentioned Paradoxes , and abhorre themselves for them even in dust and ashes , ( as one of them a a Mr. Goodwin in his Innocencies Triumph . p. 5. professeth hee will doe , in case hee be convinced : ) And then if they will not bee reclaimed , Fiat Iustitia ; better some should suffer , than all perish . My onely desire is , that Your Honours would have a speciall jealous care of preserving your owne undoubted Parliamentary Rights and Priviledges against these unparalleld publike Violations , Impeachments of them , and of the tranquility , safety of our Church and State , endangered by them . Toward the just defence whereof , I have ( with as much expedition as my many other distracting publike and private Imployments would permit ) contributed these my indigested Nocturnall Lucubrations , ( borrowed from the houres allotted to my necessary naturall rest ) in Vindication of the ancient and undoubted Ecclesiasticall Power and Iurisdiction of Parliaments , Christian Princes , and Magistrates ; ( which I have made good by sundry Divine , Historicall Presidents , and Authorities , in all Ages ) and answered all the chiefe Pretences , Objections of Papists , Prelates , Independents , Anabaptists , Separatists , and all others who oppugne them ; in such a manner as I hope will silence them for the present , and reforme them for the future .

It was my primitive intention and desire to have published this Treatise complete at first ; but it swelling to a greater bulk than I expected , and my engagements in other publike services for the Common-weale retarding my speedy progresse herein , I have thereupon divided it into two Parts : the First whereof I here humbly tender to your Honourable Patronage , till God and oportunity enable mee to complete the Second ; of which there is lesse Necessity , since learned Mr. Samuel Rutherford , in his Due right of Presbyteries , and Mr. Thomas Edwards , in his Anti-Apologia , ( neither of them hitherto Answered by the Independents , and in truth unanswerable ) with Gulielmus Apollonius and the Wallacrian Ministers , Consideratio Quarundam Controversiarum , &c. quae in Angliae Regno hodie agitantur , newly published , will supply the present defect thereof ; and this First Part supply some particulars concerning the Ecclesiasticall Power of Parliaments , Christian Princes , Magistrates , Councells , which are wanting in them , and in laborious Sir Edward Cookes Fourth Institutes ; who hath recorded little or nothing concerning the Jurisdiction or Power of Parliaments in Ecclesiasticall affaires , and matters of Religion .

Thus humbly submitting these my distracted subitane Collections , and Lucubrations , to Your Honourable favourable Acceptation ; and imploring the God of Verity , of Unity speedily to dissipate all our Errors , and comprimise all our unhappy Divisions ( which threaten ruine to us , if continued ) by Your most Religious Care , Wisedome , and indefatigable Endeavours , that so * * Rom. 15. 5. 6. wee may bee all like minded one towards another , and may with ONE MIND , and ONE MOVTH , ( in one Way , one Congregation ) glorifie God , even the Father of our Lord Jesus Christ : I shall with my ferventest Orisons daily recommend Your Honourable Assembly , with all Your pious Endeavours for the Reforming , Setling of our Church , State , to his Divine Benediction ; and ever rest ,

Your Honours most humble , devoted Servant , William Prynne .
To the Reader .

CHristian Reader , I here present thee with Truth Triumphing over Falshood , Antiquity over Novelty ; to settle both thy Judgement and Practice , in these unsetled times , wherein the very Foundations of Parliaments , States , Churches , Government , are shaken and subverted , by some of our owne dear Friends , from whom wee least expected it .

For my part , I take no pleasure in detecting my Brethrens nakednesse , Errors , Over-sights ; nor in disparaging their Worth or Writings ; yet I must needs acquaint thee , for thine owne good , to preserve thee from seducement , with some materiall Observations touching their Independent Treatises ; for which thou maist chance to give me thanks .

First , That they all generally take that for granted , which they should prove and demonstrate to us : viz. That there is an exact and most absolute forme of Church-Government prescribed to all Churches in the Scripture ; from which no man must vary in the least title : And that the Independent Way it is , and no other . But when wee demand of them how they prove it ? or what that Way , Government , and Discipline is they contend for ? or in what plaine Scripture Texts they find it instituted and universally prescribed to all Nations , Churches ? or how they make good all their transcendent Encomiums of their New Way ? wee find them altogether silent or unsatisfactory : telling us onely a large story of the Patterne of the Tabernacle shewed to Moses in the Mount ; of the exact forme of the Temple shewed to David by the Spirit ; and of Ezekiels vision , and his and the Angels measuring of the Temple : Which are nothing to the point ; and meere impertinencies , fit to delude the ignorant injudicious vulgar ; who take their weake inferences thence for divine Oracles .

Secondly , That they are extraordinary bold , confident , peremptory , copious in their affirmations and positions concerning their Way ; but very poore , lame , impotent , deficient in their proofes thereof : You must take their bare Assertions for undeniable Arguments , Proofes .

Thirdly , That their whole Independent Fabricke is built either upon false Principles ; As , that every Church is a complete , absolute , independent body of it selfe ; subject onely unto Christ : That no humane Power upon earth hath any Right or Authority to prescribe any Rules or Orders to any particular Congregation : That just humane Lawes binde not the Conscience , in point of obedience : and the like . Or else upon false , or absurd Inferences from true Principles : As , that Christ is the King , Lord , Head , and Law-giver of his Church : Ergo , No man or humane Power may make Lawes or Canons , to regulate and order it , or any thing in it , but Christ alone .

Fourthly , That to maintaine their New Way of Government , they are enforced to deny the undoubted Power and Jurisdiction of Parliaments , Councells , Synods , Kings , and Civill Magistrates , in Ecclesiasticall affaires ; and to maintaine such Paradoxes , Passages against their lawfull Authority , as , if duly pondered , may justly induce all Wel-affected persons to mistrust and abhorre their Way , as Anarchicall , and destructive to all Christian and humane Society .

Fifthly , That they are constrained publikely to deny , that there is any * * Vindication . p. 30 , 31. Nationall Church under the New Testament ; though they acknowledge one in the Old : Upon which ground they must of necessity likewise deny one Article of the Creed ; That there is a Catholike Church ; and themselves members of it , or of the Nationall Church of England . They pluck up the bounds and orderly distribution of all Parish Churches ; absolutely necessary to avoyd confusion ; to provide competent maintenance for Ministers ; to bring all to frequent the publike Ordinances : Warranted by Scripture ; wherein wee read not onely of distinct Synagogues , and Tribes under the Law , but Churches under the Gospel . Approved by the practice of all Christian Churches , ever since there were Christian Emperors , Princes ; and as necessary as distinct Families , Villages , Cities , Societies of men in civill respects ; yea observed in New-England it selfe , though now disliked in Old : and thereby bring in meere Ataxy and Confusion among us .

Sixthly , They are constrained to wrest Scriptures against their meaning ; to invent many strange Apocryphall new shifts , Interpretations , Distinctions , to evade direct Scriptures and fundamentall Truths , never formerly questioned : They nullifie and slight Examples of the Old Testament , in all things that make against them ; and yet cry them up againe , when they make for them ; especially in the point of their * * Vindication . pag. 28. Church Covenant ; which they confesse , hath no ground at all in the New Testament , but onely in the Jewish Church under the Old . Which yet they will not admit a sufficient Proofe of a Nationall Church .

Seventhly , They intricate , gain-say things which are cleare ; take things for granted , that are either false , or doubtfull ; confound things in generalities , which they should distinguish ; deny things that are apparently true ; yea , which is worst of any , not only affirming , but beleeving most things * * See Mr. Rutherford p. 369 , 370. with a reserve ; according to their present light ; to the posture of their present Judgement ; as they are yet informed ; with a liberty of altering or varying to morrow , from what they affirme or beleeve to day , upon new light discovered ; Which is in truth to bring a meere Skepticisme into Religion ; to play fast and loose with God and our owne Consciences ; to doubt all things ; firmely beleeve nothing ; to set up Opinion in the Throne and Place of Faith ; and in conclusion to introduce flat Atheisme .

Eightly , They refuse Church-Communion with those who are not of their Way and Churches , excluding them from the Lords Table , and their very Children from Baptisme in their Churches , if they submit not to their Covenant and Way ; judging them all professed Enemies to the Kingdome and Government of Christ ; and so visibly without the Covenant of Grace : though never so Pious or Religious .

Ninthly , Their very Principles teach disobedience to Parliaments , Synods , Princes , Magistrates , and all other Superiors , in all their just Lawes and Commands which concerne the Church or Religion ; dissolve all Relations , all Subordinations , and humane Society it selfe , as I have here fully manifested .

Tenthly , They exceedingly magnifie their owne Way , Ministers , Writers , Opinions , Conceits ; despising and under-valuing all others , in a kind of Pharisaicall manner , not deeming them worthy their Church-Communion .

Eleventhly , They have high conceits of their owne transcendent holinesse ; and under pretext of being more pious , pure , living more holily , and serving God more exactly than others , they doe ( without sufficient Grounds ) quite sever from all other Churches ; just like Popish Monkes , Hermites , Anchorites , Nunnes , Jesuites , and other Religious Orders , who separate themselves from others , under this very pretence of being more holy , and living more devout than others .

Twelfthly , They pretend themselves the greatest Enemies of all others to Papists , Arminians , Anabaptists , Socinians , Sectaries , and yet concurre with them in their Opinions , Practices , Policies ; fighting against us with their very weapons .

Of all which I thought good to advertise thee ( kind Reader ) lest thy good opinion of the Piety , and dignity of their Persons , ( worthy all due honour and respect ) should make thee swallow downe their dangerous Principles and Opinions without strict examination : Whereas , good mens Errors are most infectious , pernicious ; and so more carefully to be observed , avoyded .

How farre they have swerved from Verity and Antiquity in sundry Particulars ; how fallacious and weake their principle Proofes and Arguments are , I have * * ● Sect. 4. here in part discovered ; and shall in due time ( if God say Amen ) put a Period to the other Part which is yet behinde . In the mean time , beseeching God to prosper these my impotent Endeavours to thine and the publike good , ( which I have principally published for the satisfaction of the Learned , and such who most seduce the Ignorant ) I shall dismisse thee with this wholesome Councell of God himselfe , Ephes. 4. 14 , 15 , 16. Henceforth be no more Children , tossed to and fro , and carried about with every wind of Doctrine , by the sleight of men , and cunning craftinesse , whereby they lye in wait to deceive : But speaking the truth in love , grow up into him in all things which is the Head , even Christ . From whom the whole Body fitly joyned together , and compacted by that which every joynt supplieth , according to the effectuall working in the measure of every part , maketh increase of the Body , unto the edifying of it selfe in love .

Farewell .
Errata .

Faults escaped in some Copies : pag. 5. lin. 14. read Regis . p. 22. l. 24. Constitutions , r. Consistories . p. 25. l. 21. premissis . p. 61. l. 12. actaque . p. 65. l. 32. necesse . l. 34. receptat r. refrixerat . l. 46. dele to . p. 69. l. 5. Turlstan . p. 75. l. 31. inhibit . l. 34. resist . desist . p. 85. l. 22. the. p. 26. l. 31. ch. 1. p. 101. l. 1. servus . l. 12. universa . p. 108. l. 9. issue . p. 169. informe . p. 116. l. 36. Ministers . masters . p. 120. l. 9. 35. l. 24. with his . his owne . p. 135. l. 45. clear . p. 131. l. 22. Fourthly . Fifthly . l. 31. Foure . Five .

Margin . p. 66. l. 21. 22. r. Incarnationis , Anno. p. 119. l. 1. Rom. 13. 1. p. 124. l. 3. 11. r. 18.

Truth triumphing over 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 brethren , who professe the selfe-same faith together with me ; so it would be a far greater heart-breaking , and much sorer affliction to my spirit , to behold upstart groundlesse Errours triumphantly insulting over ancient orthodox Verities , and dragging them captives after their domineering chariots . This makes me once more take up the Sword and Buckler , not of Polemicall School-divinity , but Historicall Antiquity , to encounter those Adverse forces , which have taken up offensive 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 matters 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 multitude 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 Ecclesiasticall Assemblies , Councells , Synods , whether Generall Nationall , or Provinciall , 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 Presidents 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. Of David King of Israel , 1 Chron. 13. 1 , to 6. c. 28. 1 , 2 , 3. c. 29. 1. to 26. Of King Solomon , 1 King . 8. 1 , 2 , 3. &c. 2 Chron. 5. 2. &c. Of King Asa , 2 Chron. 15. 8 , to 16. Of Jehoshaphat , 2 Chron. 20. 3 4 , 5. &c. Of 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 Nehemiah , c. 8. 1. to 18. c. 9. 1 , &c. Of Mordecai and Esther , Esth . 9. 17 , to 32. And in defect of Christian Kings and Magistrates , the Apostles and whole Church , by 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 temporall 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 . a a Eccles hist. l. 5. prooemio . Socrates Scholasticus records , That since the Emperours were first christian , the State of the Church hath hanged on them , and the greatest Councels have been , and be kept by their advice , yea by their summons , writs , and edicts . The first famous generall Councell of Nice was called by b b Surius Concil. Tom. 1. p. 334. Constantine the great , the first Christian Emperour . c c De vita Constantini l. 3. c. 6. Eusebius writes , that Constantine ( not the Pope ) gathered this generall Councell , and by honourable Writs called together the Bishops on every side , that they should hasten thither . d d Eccles. hist. l. 1. c. 16. Theodoret , This great and holy Councell was gathered to Nicaea , by the grace of God , and by the godly Emperour Constantine . e e Tripartita hist. l. 2. c. 21. Cassiodore , 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 publike Asses , Mules and Horses , which he provided for them . f f Eccles. hist. l. 8. c. 14. col . 377. a. Nicephorus Callisthus , That Constantine promulged that most famous Synod of Nice in Bithynia , See Rabanus Maurus de Vniverso l. 5. c. 7. 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 writes g g Hist. l 1. c. 16. l. 3. c. 7. l. 4. c 6. Sozomen in the same words . The Councell of Rome under Pope Meltiades was convented by the same Constantines Writ : and here ( saith h h Eccles. hist. l. 10. c. 5. Eusebius ) is a copy of the Emperours Writ , whereby he commanded a Councell of Bishops to be kept at Rome . And Saint i i In Epitaphio Paulae . Hieroni , 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 of k k Euseb. hist. l. 10. c. 15. Socrates Scholast. Eccles. hist. l. 1 c. 28. 33. Eusebius de vita Constantini l. 4. c. 41 , 42 , 43. Orleance in France , and that of Tyrus ( removed from thence to Ierusalem by the Emperours Letters ) were both summoned by Constantines Writs . The second generall Councell of Constantinople was called by Theodosius the elder ; the Emperour ; write l l Hist. l. 5. c. 7. Theodoret , m m Hist. l. 7. c. 7. Sozomen , and n n Hist. l. 12 c. 10. Sarius Tom. 1. p. 482 Nicephorus , commanded a Synod of Bishops to meet together in one place , out of the provinces of his Empire , to confirme the Decrees of the Nicene Councell ; and the Bishops therein wrote thus to the Emperour , 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 , writes o o Eccles. hist. l 1. c. 3. Evagrius : with p p Concil. Tom. 1. p. 607. Tom. 2. p. 31. 75. 79. 88. 96. & Tom. 1. p. 600. Niceph. Eccl. hist. l. 14 c. 34. Laurentius Surius : and the Bishops themselves in the prologue thereof , Cum ex pio edicto coacti essemus in Ephesiorum Metropoli . And so farre was Pope Leo from conceiving the right of calling Councels to belong to him , that he besought the Emperour Theodosius by an Epistle in these words , p p Leo Epist. 9. ad Theodosium . We beseech your godly Majesty to grant our supplication , 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 , q q Epist. 14. See Epist. 13. 44. 50. 58. almost to the same purpose . All 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 ; and r r Epist. 23. 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 St s s Epist. 1. ad Innocentium . Chrysostom being requested to do the like , writes thus to Pope Innocent , We went in and most humbly besought the most Christian Prince to call a Councell . In like manner t t L. 4. c. 22. l. 6. c. 7. Socrates Scholast. l. 2. c. 7. Theodoret. l. 2. c. 1● . Sozomen 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 intreat 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 imposing new Rites and Ceremonies , as our Bishops lately did in their Episcopall 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 , u u Surius Concil. Tom. 2. p. 11. 25. 31. 152 103. 106. 120. 106. Facta est Synodus ex decreto piissimorum ac fidelium Imperatorum Martiani & Valentiniani , saith the first Action of that Councell : This Councell was first summoned 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 thither ) and to Anatolius Bishop of Constantinople , with other Writs to the holy Bishops in all places , recorded by x x Ibid. p. 8 , 9. 10. Surius : where they appearing at the day prefixed , they sent two other Writs unto them , to remove them from thence to Chalcedon , because they could not be present at Nicaea : whereupon y y Surius ibid. p. 10. 11. 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 omnium evocatis , coegit , writes z z Eccles. hist. l. 17. c. 27. Nicephorus : and Justinian himselfe in his Letters to that Synod , recorded by * * Concil. Tom. 2. p 494 , 495 , 496. Surius , recites , that the Councell of Nice was congregated by Constantine ; the first Councell of Constantinople by Theodosius the elder ; the Councell of Ephesus by Theodosius the younger ; the Synod of Chalcedon by Martianus ; and then concludes , Ideo vocavimus vos ad regiam urbem , that he had therefore called them to the royall City to discusse the three chapters then in controversie , l l Surius . Tom. 2. p. 498 , 499. 500. 501 , 502 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 gathered together by Constantius Pogonatus , as m m Apud Surium : Concil. Tom. 2. p. 900 901 , 902. 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 termed by the Papists , though false , spurious , and hereticall ) was summoned by Irene the Empresse , and her sonne Constantine : n n Surius Concil. Tom. 3. p. 8. Conveniente 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 by o o Surius Ibidem . p. 531. 539. Basilius the Emperor ; in the Prologue and first Act whereof , there was produced 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 severall p p Theodoret. hist l. 4. c. 4. 7 , 8 , 9. Socrates hist. l. 2. c. 37. Nicephorus hist l. 9. c. 33. Surius Tom. 1. p 432. Councels of Sardice , Millaine , Ariminum , Nicomedia , and Seleucia were assembled by the Emperor Constantius his Writs & Mandates ; whence q q De Synodis Arin●●a : & Seleuc. Athanasius writes thus of the Synods of Ariminum , & Seleucia , the passages wherof he records at large : A● Imperatore Proefectisque Literae sequentes in omnem partem missae sunt , eos qui illuc ituri essent convocantes . The Councel of r r Theodoret. hist. l. 4. c. 7. 8. 9. Illyrium was called by Valentintan and Theodosius : s s Eccles. hist. l. 11. c. 30. whence the Bishops in that Councel in their t t Su●ius Tom. 1 p. 472. 474. Epistles to those Emperors give them thanks for their care and pains in assembling this Councell in these terms . Apud quem gratias agenus vobis Clementissimi Principes , qui ad removendas altercationes congregare studuistis sacerdotale Concilium , & Episcopis dignatione vestra honorific●ntiam reservastis , ut nemo deesset volens , nemo cogeretur invitus Itaque juxta Mansuetudinis vestrae statuta convenimus . Saint Ambrose Bishop of Millaine speaks thus in that Councell : Nos in occidentis parte constituti convenimus ad Aquilei●●seum civitatem juxta Imperatoris praeceptum . Palladius saith there likewise , Imperator noster Gratianus jussit Orientales venire , negas tu jussisse e●m ? Ipse Imperator nobis dixit , se Orientales jussisse venire . Ambrosius Episcopus dixit ; utique jussit . &c. The first● x x Spelman Concil. p. 39. Councel of Arelat about the yeare 314. was assembled . Constantini magni jussu . The first provinciall Councell of Agatha , was assembled v v Surius Tom. 2. p. 372. by the Kings permission , for whose long life the Councell prayed , ut qui nobis congregationis permiserat potestatem . The first Councell of Orleans was summoned by x x Surius Concil. Tom. 1. p. 711. Clodovick King of France as is evident by this Rescript of the Bishops of that Synod to him : Domino suo Catholica Ecclesiae filio Clodoveo gloriosissimo regi , omnes sacerdotes quos ad Concilium venire jvssistis : &c. Sacerdotes de rebus necessariis tractaturos in unum collegi jusseritis : The second Councell of Orleans was summoned by the precept of most glorious Kings . y y Surius Tom. 2. p. 633. Cum ex praeceptione gloriosissimorum regum in Aurelianensem urbem , Deo auxiliante convenimus ; say the Bishops in the prologue to their Canons in it . The Councell of Alebret met together z z Surius . Tom. 2. p. 633. by the consent of their most glorious Lord and pious King Theodebertus ; The second Synod of Toures assembled together by the a a Surius ibid. p. 642. connivence of King Arithbertus : The b b Surius ibid. p. 650. 654. fift Councell of Orleans was congregated by King Childebertus , together with the Councell of Paris , as their Prologues testifie . The third Councell of Toledo was summoned by King c c Surius ibid p. 668. Reccarredus , who , pro fidei suae sinceritate omnes regiminis suae Pontifices in unum convenire mandasset . The d d Surius Tom. 2. p. 678. 681. 682. first and second Councels of Mascon , with the Councell of Valentia were assembled by King Guntram : Ex evocatione gloriossssimi Regio Guntramni : juxta Imperium gloriosissimi Guntramni regis , say the Poems to these Synods Canons . The fourth Councell of Toledo was called by the diligence of the most religious e e Surius ibid. p. 727. 738. 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 : The f f Surius ibid. p. 7. 39. 741. fift and sixt Councells of Toledo 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 appointment of the most glorious g g Surius ibid. p. 746. 749. King Ariamirus . The seventh Councel of Toledo met together h h Surius ibid. p. 759. studio , by the care and command of King Chindasiundus . The 8. 9. and 10. Councels of Toledo were congregated by the i i Surius ibid. p. 854. 867. 870. command of King Recessuinthas : ejusque serenissimo jussn ac sanctissimo voto . The Councell of Cavailon was assembled k k Surius ibid. p. 875. ex evocatione vel ordinatione , by the summons and appointment of King Clodouicke . The eleventh Councell of Toledo came together , l l Surius ibid. p. 880. hortatu , by the exhortation and precept of King Vuambanus : The m m Surius Tom. 3. p. 1 , 2 , 8 , 9. 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 Charlemaine n n Surius Tom. 3. p. 39. Ego Carlomannus dux et Princeps Francorum , cum consilio servorum Dei et Optimatum meorum , Episcopos qui in regno meo sunt cum presbyteris ad Concilium et Synodum , pro timore Christi congregavi : The Synod of o o Surius ibid. p. 40. 4. Soissons was called by Childerick and Pipin ; and so was the Councell at the Pallace of Venis : gloriosissimus atque Deo religiosus illustris vir Pipinus rex Francorum , universos pene Galliarum Episcopos aggregari fecit ad Concilium Vernis palatium publicum . The p p Surius ibid. p. 293. 318. 359. 361. 409. 421. Carolus Molineus . Comment. ad Edictum . Hen. 2. contra parvas Datas & abusus Curiae Romanae . p. 15. Matth. West An. 826. Vspergensis p , 180. severall Synods and Councels of Aquisgan , ( or Aix ) Paris , Lions , and Tholouse were summoned by Lewis and Lothorius their Writs and Mandates , as the marginall authorities largely evidence . The q q Surius Tom. 3. p. 237. 257. 271. 274. 278. 286. 291. Math. Westm. Flores hist. An. 813. 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 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 Aquesgran was summoned r r Surius Tom. 3. p. 431. providentissimo et jussu salutifero of King Pipin , as were the two former by the wholsom command and most provident direction of his Father Lewis . The s s Surius ibid. 454. 468 469. Councels of Meaux and Medardum , by the consent and command of Charles the son of Lewis : The t t Surius ibid. p. 475. Councell of Valentia , by the Emperor Lotharius his command : ex jussione praefati Principis reverendissimi trium provinciarum Episcopi in unum collecti residissent : The v v Surius ibid. p. 481. Synod of Ticinum , and the Councell of Wormes , An. 868. were congregated by the Emperor Lewis the second : The x x Surius ibid. p. 544. Synod of Colen Anno 887. by Charles the third his consent . The y y Surius ibid. 546 , 547 , 555 Councell of Ments Anno 888. and of Triburby Arnulphus the Emperor : The z z Surius Tom. 4. p. 366. Councel of Ferrara by John Paleologus . The Provinciall Synod of Augusta Anno 1548. by the Emperor Charles the fift . a a Surius Tom. 4. p. 797 , 798. Cui hanc Synodorum congregandarum facultatem veluti olim Constantino Imperatori totius ●●re orbis acceptam ferunt , saith Otho the Popes own Legate . To these I might accumulate b b Matth. Westm. Flo. Hist. An. 595. 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 Apostolicall 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 Synods , have bin alwaies usually called by Emperors and Christian Princes ; That being most true which the Code of the Liberties of the French Church affirmes , d d Apud Bochellum Dec●●●a Eccles. G●ll. l 5. Tit. 20. c. 34. p. 905. That most christian Kings in allages , have been accustomed according 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 Councels , Fathers , Popes , Historians , together with St. Hierom and Pope e e Apologia 2. Adversus Ruffinum . Gregory the great resolve .

Most false & impudently arrogant then are the assertions of Pope Marcellus , f f Epist. l. 4. Epist. 34. Iulius , g g Distinct . 37. Pelagius , Gregory , and Symmacus , ( if Gratian misreports not their positions ) as likewise h h Ibidem , and the Canonists glosses on that Distinction Summa Angelica Tit. Concilium . of Gratian , the Canonists , i i Harding Contur . part . 5 , c. 6. Sect. 3. Bellarmin : De Conciliis Contr. 2 , 3. with others . 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 properly 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 Conventicle which is summoned without his authority ; And that all Councels without 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 Papists to k k De Concordia Cathol. l. 2. c. 12. Nicolaus 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 Councell ; 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 commandements 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 Cardinall . Aeneas Sylvius , afterwards Pope Pius the second , is as point-blanck as he : l l De Concil. Basil : lib. 1. 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 contrary 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 ancient 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 , & Theodoricus a Niem de Schismate c. 3. 5. 7. p. 154. confesse and teach , that it belongs to the Emperors to call Councels . The m m Bochellus Decreta Ecclesiae Gallicanae l. 5. Tit: 20. c. 35. 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 evidences , 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 authority 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 Commentary on the Edict of King Henry the second of France , Contra parvas Datas , 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 pertinontia , agitur etiam de Rebus ordinem & Disciplinam Ecclesiarum Regni sui spectantibus . Unde Regulae innumerae , Capitula , Leges , Ordinationes & Pragmaticae Sanctiones eorum Nominibus inscriptae prodierunt . Yea their n n Relect. 4. p. 161. Franciscus Victoria holds , that at this day in certain cases a generall Councell may be called against 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 .

Thirdly , to proceed to our own English Synods and Councels , wee shall finde that the right of summoning them and of our Convocations hath alwayes beene an indubitable Prerogative of our Christian Kings or Parliaments , which I shall manifest . First by presidents . Secondly by Parliamentory resolutions . Thirdly by the Doctrine , Articles , and Writers of our Church . Fourthly by the determination of King James , King Charles , and our late Convocations .

To begin first with Presidents , both before and since the Conquest : The great o o Be●la Eccles. Hist. l. 1. c. 17. & 21. Matth. Westm. An. 449. 465. Spelmanni Concil. p. 48 , 49 60. Synod held at verolam Anno 446 , to suppresse the Pelagian heresie ; with another 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 together with the Clergie were present and voted in them . The p p Spelmanui Concil. p. 104 Matth. West . An. 603. Beda ●ccles . Aist . l. 2. c. 2 Antiq. Eccl. Brit. p. 3. Speeds Chron p. 286. Synod of Worcester , and at Augustines Oke , under Augustine the first Arch-bishop of Canterbury Anno 603. was called Ethelberti Regis ope & auxilio , by the assistance or summons of King Ethelbert ; adjutorio usus Edelberti Regis , write some . So was the q q Spelman . p. 126 , 127. Councell held at Canterbury Anno 605 in which both the Clergy and people were present . The r r Beda Eccles. Hist. l. 3. c. 21. Spelman . p. 14● . Synod of Streneshalch An. 664. under Oswy King of Northumberland , and Alchfrid his Son , who weee present at it , was summoned by their appointment , to decide the controversie , concerning the time of Easter , and other differences , Anno 693 King s s Willielmus Malms . De Gest● Pontif. l. 3. Antiqu. Eccles. 〈◊〉 . p. 18. 19. Alfrick Synodum Episcoporum convocari fecit , caused a Synod of Bishops to be called together . Anno 694 , a t t Spelman p. 189 , 191 , 194 great Councell was summoned to meet at Becanceld by King Withred , 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 was u u Spelman p. 219 : a great Councell of the Bishops , Princes , Nobles , Earles , and of all the wise-men , Elders , and people of the Realme , under King Ina ; per praeceptum Regis Ina , by the precept of this King . An. 724 the x x Malmsb. de Gestis Pontif. l. 3. in vita Widfridi Antiq. Eccl. Brit. p. 19. Synod of Northumberland was conveened authoritate & gratia Osredi , by the authority and favour of King Osred . The famous Councell of y y Matth. West . An. 718. p. 27● Malm●b . de Gest. Pontif. l. 1. p. 197. Antiq. Eccles. Brit. p. 21. Spelman p. 230 , 242 , 245. Clovesho 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 z Spelman p. 292. 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 . The a a Spelman p. 318. Councell of Clyffe An. 800 , was convented by King Cenulfe his authoritie and assent . b b Spel. p. 387 Matth. Westm. An. 905. Antiq. Eccl. Brit. p. 43. A Synod was assembled by King Edward the elder : about the yeare 905 , Rex praedictam Synodum congregavit , write the marginall Authors . c c Spelman p. 428. An. 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 d d Spelman p. 510. Councell of Enham An. 1009. ab Ethelredo rege edictum , was called by King Ethelred . The e e Matth. West An. 1070. pars 2. p. 3. Councell of Winchester An. 1070. was summoned and celebrated by the procurement of William the Conquerour , f f Matth. Paris Hist. Angl. An. 1075. p. 19. Rege procurante : so was the Synod at Westminster , An. 1075. Rex tandem Williesmus de negotiis agere constituens Ecclesiasticis An. 1075. apud Westmon●sterium Synodum coegit . This being the undoubted right of Kings in those 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 : g g Eadmerus hist. nov. l. 1. p. 24. Jube ( ait ) si placet , Concilia ex antiquo usu renovari , quae perperam acta sunt in medium revocari : who after held a h h Eadm . Hist. nov. l 3. p. 65. Councell at Westminster . An. 1102. by King Henry 1. his assent , ipso annuente . The Councell at i i Matth. Paris hist. Angl. p. 67 , 68. Westminster , held by the Popes ●echerous Legate John de Crema An. 1125. was assembled Regis licencia , by the Kings owne licence : and the Councell 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 Episcopale praecepit concilium congregari , writes k k Histor. l. 2. c. 13. Neubrigensis : So the l l Giraldus Cambrens . l. 2. c. 33 , 34. Will . Neubrigensis Hist. l. 3. c. 9. Speeds Chron. p. 516. Synod of Cassels in Ireland for setling and reforming that Church , was congregated by King Henry the second his authoritie and command : The m m Neubrigensis l. 2. c. 13. Hoveden An●al . pars post . p. 500. Antiq. Eccl. Brit. p. 125. 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 of n n Matth. Paris p. 430 , 431. London 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 Parkers o o P. 282 , 362 , 377 , 389 , 399 , 401. Antiquitates Ecclesiae Britannicae , and by these ensuing ancient Presidents following , remaining upon Record .

Breve pro Convocat' habenda apud Lincoln , Anno Dom. 1321. Ed. Reg. 16.

Convocatio inchoata vigore brevis regii die Lunae proxim post fastum S. Sabiani & Sebastiani , An. Dom. 1369. Alia inchoat' eodem An. 21. die Januarii .

Convocat' inchoat' vigore brevis die Lunae proxim' post festum Pent' An. 1376.

Convocat' inchoat' vigore brevis die Lunae 9. die Novembris An. 1377.

Convocat' inchoat' 7. Maii An. Dom. 1382. quoad process . contra Haereticos .

Convocat' inchoat' 18. Novemb. An. Dom. 1382. continuat' ad 6. diem Janu. prox' 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 summoned without speciall Writs , yet it was alwayes by the Kings licence , privi●● , and assistance first obtained , or by former adjournments ; and not by virtue of any summons from the Pope , Arch-bishop of Canterbury , or any other Prelates , without or against the Kings command ; as some of the ensuing Presidents manifest in direct termes .

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

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

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

Convocat' inchoat' ad * * Nota. instantiam Regis regressi à Flandriae inchoat' festo Nativ' S. Johannis Baptistae An. Dom. 1298.

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

Convocat' Cleri Provinciae Cant' ad supplicationem dom. Reg. inchoat' die Mercurii proxim' post dominicam qua cantatur officium misericordia Domini , in Ecclesia S. Brigittae Londin . An. Dom. 1356.

Convocat' inchoat' absque brevi die Jovis prox post festum S. Georgii Martyris , 24. April . An. Dom. 1371.

Convocat' inchoat' absque brevi 1. die Decemb. An. Dom. 1373.

Convocat' inchoat' absque brevi 8. Febr. An. 1576.

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

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

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

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

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

Secondly , our Acts of Parliament expresly resolve , that our Convocations , Synods , Councels , ought to be summoned onely by the Kings Writ . Hence the Statute of 8. H. 6. c. 1. recites , * * See Cromptons Jurisdiction of Courts f. 4. a. That all the Clergie are to be called to the Convocation by the Kings Writ : and thereupon enacts , That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming , going , and tarrying , as the great men and Commonalty of England called to the Kings Parliament doe enjoy . Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. & 27. H. 8. c. 15. made this acknowledgment ; e e See Antiqu. Eccles. Brit. p. 376 , 380 , 398. E●dmerus hist. Novorum l. 5. p. 109 , 117. Whereas the Kings humble and obedient subjects the Clergie of the Realme of England . have acknowledged according to truth , THAT THE CONVOCATION OF THE SAME CLERGY IS , ALWAYES HATH BEEN , AND OUGHT TO BE ASSEMBLED ONLY BY THE KINGS WRIT , &c. And thereupon these Statutes among other things enact , according to this submission and Petition of the said Clergie , that they , ne any of them from henceforth should make , promulge , or execute any new Canons , &c. in their Convocations in times comming , which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT , &c. A cleare confession and resolution , that Councels , Synods , and Convocations here in England , alwaies have been , are , and for ever hereafter ought to be called and summoned , ( not by the Popes or Prelates authority and citations ) but by the Kings royall authoritie and Writ . Hence the English Clergie in most Bills of their Subsidies since , as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie granted by the Clergie . 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Jacobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. & 3. Caroli c. 6. have inserted this clause in the prologue of their Subsidies ; Vestrae serenissimae regiae Majestati ( or , sublimitati ) per praesens publicum instrumentum , sive has literas nostras testimoniales significamus & notum facimus , quod Praelati & Clerus nostrae Cantuariensis Provinciae IN SACRA SYNODO PROVINCIALI SIVE CONVOCATIONE , VIGORE ET AVTORITATE BREVIS REGII VESTRI IN EA PARTE NOBIS DIRECTI , in domo capitulari ECCLESIAE VESTRAE CATHEDRALIS divi Pauli London , vicesimo quarto die mensis Novembris Anno Dom. &c. inchoata & celebrata : to testifie , that their Synods Convocations are and ought to be summoned and held , only by virtue and authoritie of the Kings Royall Writ : and why not then their Visitations being in truth * * 25. H. 8. c. 19 21. 28. H. 8. c. 10. 2. & 3. E. 6 c. 1. 1. Eliz. c. 2. Jo. Seldeni ad Edam . Notae p. 165. Isiodor . Hisp . Orig. l. 8. c. 15. Canons 1571. p. 10 , 22. Convocations and Synods ?

Thirdly , the whole Church of England in the 39. Articles of Religion , ratified f f 13 Eliz. c. 12. by Parliament , and all Clergy-mens subscriptions to them ; as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion ▪ Anno 1615. Artic. 76. unanimously resolve , as an Article of Religion not to be questioned : That generall Councels ( and by the selfe-same reason Nationall and Provinciall ) may not be gathered together ( by Popes , Prelates , or any other , persons ) without the Commandement or will of Princes . Therefore the sole right of summoning them , belongs not to Popes or Prelates , but to Princes and other supreme temporall Magistrates . And as these Articles , so the learned Writers of our Church , as incomparable Bishop Jewell in the defence of the Apologie of the Church of England , part . 1. c. 9. Divis . 1. p 52 , 54. part . 6. c. 12. Divis . 2. p. 58● . to 592. Reply to Master Hardings answer Artic. 4. Divis . 19. and 26. p. 193. 212 , 213 , 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect. 1. f. 18 , 19 , 20. Bishop Bilson in his true difference between Christian subjection & unchristian rebellion , passim . Doctor William Whittakers 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 Proposition 1. with g g Dr. Field of the Church b. 5. c. 52 , 53. Dr. Fulk and Master Cartwrights Answer to the Rhemish Testament , on 〈◊〉 15. 6. Sect. 5. to 12. Dr. Craken●●rpe his Vigilius Dormi●ans . 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 Constitutions 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 affirmed 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 , suppressing 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 essentiall 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 * * See Mr● Rutherford his due right of Presbyteries c. 6. sect. 1. p. 342. 393. Synods & Councels are very useful , necessary , profitable to the Churches of Christ if rightly ordered , else God himself , all Christian kingdoms states , Churches would not have invested Kings & supream civill Magistrates with such a power of convening them ; nor all Christian Kings , Emperors , but made so frequent use of this their power , Ioan Seldeni spicileg . & Notae in Eadmerum p. 166 167. not onely without opposition , but even with publike approbation ; yea such hath been the necessity and expediency 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 Sisenandus An. 6●1 . 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 , Surius Tom. 1. Concil p. 342. Tom. 1. p. 407. Tom. 3. p. 488. 574. 575. 732. Can. 37. the second Synod of Towers . Can. 1. the fifth Councell of Orleans cap. 11. the Councell of Hereford under King Egfred , Tom. 2. p. 203. 675. 728 754. 603. 605 641 , 642 , 643 892. 595. 713 1042. 715. 685. Gratian distinct . 18. Iuo Carnot . Decret. pars . 40. 241. 243. 244. Spel. Concil. Tom. 1. p. 153. 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 Vernis , 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 hindered 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 , Tom. 3. p. 24. 4. 42. 406. & that none should interrupt not keep back any necessary members from them . Tom. 4 p. 44. Therefore certainly they are both expedient and necessary for the Church ; not uselesse , antichristian , diabolicall , and pernicious to the Church , as some * * See M. Rutherfords d●e rights of Presbytery p. 343. 344. Papists , Arminians , Socinians hertofore , and Independents 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 proceedings : 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 , 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 , as a a De ●ita Constantini : l 3. c. 10. 12. 13. Eusebius with b b Nicephotus Callithus Eccles. hist. l. 8. c. 16. 17. others manifest at large : The Bishops assembled by him in the Synod of Tyrus , were limited likewise by him how to proceed , and what to treat of , as appears by c c Eusebius de vita Const. ●tini l. 4. c. 42. Socrates Scholast. Eccles. hist. l. 1 c. 28. 33 , 34. ● Euseb. Eccles. hist. l. 10. c. 5. ● Bish Iewels defence of the Apology p. 〈…〉 . 741. 742. 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 ; telling 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 d Socra . Scho. Ec●les hist. l. 2 c. 3● . p. 281. Nic●phorus Eccles. hist. l. 9. c. 40. The Bishops assembled by Constantius his Edict in the Councell of Ariminum most humbly requested his Majesty , of his gracious favour and wonted clemency , to grant them license and lawfull favour firmely to persevere in those things which their ancestors had decreed , and that nothing might be diminished or added unto the old and ancient decrees . e e 〈◊〉 . eccles. hist. l. 2. c. 39. in the Greeke 〈◊〉 in the English . Nicepho . l. 9. c. 43. In the Councell held at Seleucia summoned by Constantius precept it was commanded by this Emperors 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 , ordering what they should treat of , and how proceed . Yea Constantius himselfe ( as f f Eccles. hist. l. 9. c. 38. p. 523. Nicephorus 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 sanctions ; and after that of those Bisho●s that had been wrongfully deposed or banished . g g Nicephotus Eccles hist. 〈◊〉 12 c. 10. Surius Tom. 1. p. 481. The second generall Councell at Constantinople , was enjoyned by Theodosius the elder , who called it , to confirme the Decrees of the Councell of Nice , and to deliberate upon whom the See of Constantinople , then voyd , should be conferred . In the fourth generall Councell of Chalcedon , h h Surius Tom. 2. p. 9. Pulcheria the Empresse writes to Strategus Consul of Bithynia , to have a 〈◊〉 , that the Synod should observe all discipline and order , without commotion or contention ; and in this Councell divers of the Emperors great temporall i i Actio . 1. Surius Tom. 2. p. 11. 14 , 15. 18 , 19 , 38 , 24 , 25. 54 , 55 , 138. 148. 164 , 165. 167. 535. 168. 170 180. 184 , 185 197. 207. 212 Officers and Senators of State , sate as chief Moderators , Governours , Iudges , ordering and directing the Bishops , who did nothing but by their advice and permission , according to the Emperor Martianus instructions , in his Oration in and to that Synod , and his Epistles to Count Elpidius . In this Councell k k Act. 1. p. 831 Evagrius l. 2. c. 4. Iewells defence of the Apology par● . 6. c. 14. di●●if . 1. p. 745. 746. 747. Dioscorus , Juvenalis , and Thalassius were condemned and put from their Bishopricks , by the Lay-Iudges , and many noble Senators presiding 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 supream Iudges , as well in Ecclesiasticall Causes and matters of Religion , as in temporall affaires . Whence the Emperour l l Liberatus c. 11. Iewell ibid. p. 751. Theodosius 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 m m Socrat. Scholast. l. 5. c. 10. Sozom. l. 7. c. 10. Iewels defence of the Apologie c. 13. p. 744. Theodosius , the better to bring his Churches unto unity ( then miserably distracted about matters of faith ) Commanded an assembly of the Bishops and best learned men to 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 himself 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 conclusion , alowed onely the Catholikes , and condemned the confession written by the Arrians and Eumonians , and tore them in pieces .

n n Actio prima Surius Concil. Tom 2. p. 16. 18 , 19 , 619. Tom. 1. Act. Concilii Ephesini c. 25. Sozomen l. 4. c. 15. Theodosius the yonger sent his letters to Dioscorus the Patriark of Alexandria , in this , and in the second Councell of Ephesus with these words , o o Imperatoris Epist. ad Dioscorum ibid. We decree , that the most holy Bishops meeting together , this vaine doubt may be discussed , 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 withall speed to meet ( the rest ) at Ephesus by the first of August next , no Bishop besides the foresaid troubling the sacred Synod ; If any Bishop 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 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 Ephesus , 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 ; p p Imperatoris Co●monitorium ad Elpidium . Comitem Sacri Consistorii : Ibid. p. 18. That 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 commanded that they should neither say , neither do any thing in the sacred Councell , untill the right faith were considered . Yea the Emperour q q Oratio Martiani ad Synodum ibid ● . 37 , &c. Martian 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 Councell r r Epist. Euseb●i ad Imperatores . Eusebius 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 Dioscorus 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 . k k Su●i●s Tom. 2. p. 444 , to 498 , 502. Iustinian 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 . l l Surius ibid. p. 901 , 903 , 904 , 905 , 906 , 907 , 908. Constantius Pogonatus prescribed the sixt generall Councell of Constantinople called by him , to handle and define the Chapter delivered to them by his appointment , and to prove the same by holy generall Synods and Fathers : yea , himselfe 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 piissimus Imperator dixit , sufficit , &c. being frequent in it , and many of his temporall Lords and Officers sate there as Iudges with him . The m m Surius Tom. 3. p. 49. 50. 51. 55 : seventh generall 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 Councell . n n Surius ibid. p. 539. to 543. The eighth generall Councell was prescribed and directed how to proceed , 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 sometimes 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 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 Emperours , or their temporall deputies , sitting personally in them , as chiefe Presidents and Moderators . The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus , who summoned them ; o o Bochell●● Decret. eccles. Gal l. 5. Tit. 20. c. 17. p. 9 or Surius Tom. 2. p. 371. Al 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 Titles 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 approved to be right by your judgment , the consent of so great a King , and of a greater Lord may by his sentence and authority 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 the p p Surius Concil. Tom 4. p. 2 5 , 6 , 27 , 28 , to 33 , 41 , 42 , 56 , 72 , 103 , 104 , 105 , 257 , to 262 , 325 , to 364 , 416 , 417 418 , 467 , 542 543 , 551 , 553 562 , 571 , 584 , 585 , 595 , 596 597 , 598 , 607 609 , 610 , 613 624 , 626 , 647 653 , 662 , 668 690 , 691 , 694 896 , 901 , 902 903 , 905 , 929 , 930 , 939 , 996. Tom. 3. p. 776 778 , 784 , 787 788 , 794 , 798 802 , 817 , 821 823 , 830 , 833 852. ● . Seldeni ad E●dmaium Notae p. 213 , 214. 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 severall 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 conclude with forraigne presidents , the late famous Synod of q q Acta Synodi Do●dre●●● Praefatio ad Ecclesias , & Sessio 2 , 4 , p. 9 , 15 , 16 , 17 , 18. Dort 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 prudence 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 little satisfaction herein in this Section , it is evident by the fore-cited Texts in the old Testament , and by Presidents in the New , ( as Acts 6. 1. to 8. c. 15. 4. 9. 22. to 30. c. 16 , 4. c. 21. 22. ) That Lay-men were not onely present , but had Votes and consents in the first Apostolicall Councels . In the a a Acta Concil. Ephes. Tom. 1. c. 12. 32. Councell 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 the b b See Surius , Binius , Crab , and Syrmond , in these Councels , Ranchins Review l : 1. c. 8. French Synod under Childerick and Charleman Anno 742. In the Synod of Soissons Anno 744. c c Regino sub An. 787. of Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph , of d d Rigardus de gestis Philip. August . sub An. 1179. & 1200. Jean le Maire en le 2. party de la devision des schismes . Martinus Polonus . Paris under Philip Augustus , An. 1179 , and 1184. of e e Jean Bou●het en la 4. partie des Annales d' Aqui●aine . 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 : of f f Surius , Binius , Crab. Toledo 6. 8. & 12. of g g Luitprandius rerum per Europ gest . l. 6 c. 6 , 10 , 11. Rome under Otho the first : of h h Martinus Polonus in Hen. 3. sub An. 1058. Wormes under Henry the third : in the i i Matth. West An. 905. Councell held in the South part of England An. 903. under King Edward and Raymond : k k Nubrigensis l. 1. c. ult. See l. ● . c. 25. in 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 the l l Chron. Pauli ●angii An. 1417. Petro 〈◊〉 en la vita de Sigismundo . Councell 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 Corporations , divers learned Lawyers and Burgesses of Vniversities , who were not debarred from voices , and power of deliberating therein . In the first m m Apologia Concil 2. Pisani . Mediolani per Co●ardum Ponticum impres. An. 1552. & Acta Concil. Pisani 2. Councell of pisa , there were present to the number of 400 Lay-men of note , delegates of Cities , Vniversities , 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 divine and humane matters . In the first Councell of Nice , there were present ( writes n n Eccles. hist. l. 1. c. 5. vid Act● Concil Nicen. Ruffi●us l. 1. c. 3. Nicephorus C●l . Eccl. hist. l. 8. c. 14 , 15. Socrates ) many very learned Lay-men , and well skilled in disputation , 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 the o o Theodoricus à Niem tract . de Privilegiis & Ju●ibus Imperat. p. 785. Lateran Councell held by Charles the great and Pope Adrian , and called principally by this Pope , the Councell was most solemnly held by 53 Ecclesiasticall persons , Bishops or Abbots , together with Judges , Magistrates , and Doctors of Law from all parts and also persons of all sorts and states of that City , and all the 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 of p p Idem ibidem . Lateran under Pope Leo and the Emperour Otho , the Pope himselfe in his Speech 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 Cardinall q q Lib. 2. de Concil. art. 6. 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 received present from any in the time of his Consulship , were appointed Iudges of this controversie : With which the saying of learned r r Will . Ranchin Survey of the Councell of Trent l. 2. c. 8. p. 37. John Gerson , Chancellour of Paris , accords , There was a time , when without any rashnesse or prejudice 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 Pagan Philosopher , was chosen JVDGE between s s In Dialogo cum Marcionitis . Origen and the Marcionites , who were condemned by him . If Pagan Philosopehrs then t t See my Epistle to the Reader before my Perpetuity Edit. 2. And Epist. Ded. to Cozens cozening Devotions . much 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 Donatist , 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 debated 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 a u u Augustin . Tom. 7. pars 1. de collat. cum Donatistis lib. generall meeting at Carthage , between all the Catholike Bishops and the Donatists , by the speciall command of the most glorious and religious Emperour Honorius who sent Marcellinus the Tribune and Notary into Africk , to bee Iudge in that Collation ; In which Conference the Donatists being throughly confuted and convinced of errour 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 * * Contr. Epist. Parmen. l. 1. Tom. 7. pars 1. 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 x August . ibid & Ranchin p. 3● . 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 private 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 surrender up to the Catholikes those Churches which I allowed them of courtesie untill the day of sentence , without Commission from the Emperour . y y Sozomen l. 4. c. 5. Photius Bishop of Smyrnae being accused for an Heretick by the Councell there , was afterwards 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 palace , 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 religious 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 z Epist. ad Micha●lem Imperatorem . Gratian distinct . 96. 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 of a a Defensor . ●acis l. 2 c. 20. 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 Scriptures and Antiquities then many Bishops and Clergie-men , yea more sound , and orthodoxe 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 b Page 239 , 240. Deinde ingrediantur LAICI qui ELECTIONE CONCILII INTERESSE MERUERUNT ; Multò magis igitur qui fuerint literati , & in lege divina periti , quanquam non sacerdotes existant ; sic enim fecerunt Apostoli cum Senioribus , &c. If any desire further satisfaction in this point , let him consult William Ranchin his c c Lib. 2. c. 8. 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 . Hence r r Histor. novorum . l. 1. p. 6. Eadmerus records of King William the Conquerour , that all divine and humane things did expect his approbation , for he would not suffer any man living within any of his Dominions to receive the Bishop of Rome , as Apostolicall , unlesse he commanded him , nor yet to accept his Letters 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 together 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 as s s Eadmarus ibid. p. 24 , 25 , 26 , 28. 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 concerning 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 receive 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 England , without or besides his license or election ; and whosoever would wrest from him the power of this dignity , should do all one , as if he had 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 allegiance 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 assertions to deny all subjection and obedience to Vrban , at my desire ; Which he refusing 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 whosoever 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 Mandate , t t Ex Rotu●o Patent . An. 18. H. 3. m. 17. Cookes Institutes on Lit. f. 97. a. Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestriam die Sabbati . in chrastino Sanctae Catharinae firmiter inhibendo , quod sicut Baronias sua quas do lege tenent diligunt , nullo modo praesumant Concilium tenere de aliquibus quae ad coronam Regis pertinent , vel quae personam Regis vel statum suum vel statum Concilii sui contingunt , scituri pro certò quod si fecerint , 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 Councell with an Inhibition in the Kings name v v Ne contra authoritatem potestatemque suam regiam quicq●am decerneret aut tractaret : Antiquitates Eccles. Brit. p 163 Matth. Paris hist. Major . p. 432. to 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 statuere 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 * * Cookes Institutes part . 4. p 322. 323. 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 Concilio suo : Ne aliquid tentetur contra Coronam Regis in congregan●ione Cleri , &c. the King confining them of what to treat and conclude , of what not to entermeddle without his speciall license . Not to mention , That x x Antiqu. Ecclesiae Brit. p. 210 , 211 , 212. 209. Thomas Walsingham . Ypodigma Neustriae . An. 1297. p. 83. 〈◊〉 Acts and Monuments , p. 320 , 321. our Kings have frequently prescribed the Convocation what Subsidies they should grant , and how they have handled them in case they refused to grant them : The Statute of 25. H. 8. c. 19. Records ; ` That the Clergie of the Realm of England , submitting themselves to the Kings Majesty , then promised in verbo Sacerdotii , that they would never from thenceforth presume to attempt , alleadge , claime , or put in ure , or enact , promulge , or execute any new Canons , Constitutions , 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 thereupon y y 25. H. 8. c. 19 27. H. 8. c. 15. enacts 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 Ordinances provinciall or Synodals , or any other Canons nor shall Enact , Promulge 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 provinciall or Synodall : upon pain of every one of the said Clergy doing the contrary to this , being thereof Convict , to suffer imprisonment , and make fine at the Kings will . Hence the whole Clergy of England in their 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 ; acknowledge this sovereign jurisdiction of the Prince over them , both in and out of Synods .

After this , in the very height of Popery and the revivall of it in England in the first year of Queen * * Fox Acts & Monuments Vol. 3. Edit. 1641. p. 19. to 30. where the whole Disputation is related . Mary , a Parliament and Convocation being summoned to re-establish Popery ; the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament , which was accordingly held , and continued six whole dayes , many Earles , Lords , knights , Gentlemen , and divers of the Parliament , Court , and City being present at it : to the end that they might constitute Laws of the matters of Religion debated , which the Queen and Parliament might ratifie . The Disputation being ended ; The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation , which was done accordingly . So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery , but what the Queen did first direct and limit them .

Queen Mary deceasing , and Queen Elizabeth ( a Protestant Princesse ) succeeding her , called a Parliament and Convocation to suppresse Popery , and re-establish the Protestant true Religion . To effect which with more facility , this pious v v Fox Vol. 3. p. 979. to 988. Queen , having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects , and being very desirous to have the same reduced to some godly and christian concord , by the advice of the Lords and others of the Privy Councell ( as well for the satisfaction of persons doubtfull , as also for the knowledge of the very truth in certain matters of difference ) commanded a convenient chosen number of the best learned of either part , to conferre together their opinions and reasons concerning three particular points that should be prescribed to them , thereby to come to some good and charitable agreement , with all convenient speed . Hereupon , nine of the learnedst Papists were chosen on the one side , and nine of the ablest Protestants on the other , to debate these three Propositions prescribed to them in writing .

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

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

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

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

In this Conference , I shall onely observe two passages of the Protestant party . * * Novel . Const● . 113. The first , is the begining of their Prologue to their written Conference , in these words . For as much as it is thought good to the Queens most Excellent Majesty ( unto whom in the Lord all obedience is due ) that we should declare our Iudgement in writing upon certain Propositians ; We , as becometh us to do herein , most gladly obey . The next is , their third observation from the law of Justinian the Emperor , ( commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce , &c. ) And let them know this , that if they neglect any of these things , the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you , neither will wee when wee know it , rest , and leave it unrevenged , viz. That this Emperour being a christian , did not only make Constitutions of Ecclesiasticall matters ; but also threatneth revenge and sharp punishment to the violaters of the same . Therefore they held he had an obliging power over his Subjects , and a coersiveauthority vested in him to enforce obedience to his Lawes : of which more hereafter .

As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off , and how . So it continued in use , and was punctually submitted to by all Convocations during her Raigne : and that not onely as a matter of complement , but of conscience , religion , and the established doctrine of the Church of England ; as you may read at large in Bishop Jewels Apology of the Church of England ; and in the Defence of his Apologie against Harding , part . 6. c. 9. to 16. p. 689. to 766. ( a learned full discourse to this purpose ) and in Bishop Bilsons true Difference between Christian Subjection , & unchristian Rebellion , the second part : ( to omit * * 〈◊〉 Bridges 〈◊〉 supremacy 〈◊〉 Ch●istian Princes , over all Persons throughout their Dominions . London , 1573 Haddon Cont● . Osorium l. 3. p. ●89 . et alibi . all others who have handled this subject in her Raigne . ) It seemes therefore strange to me , that this which was reputed the true doctrine of the emmine●test learnedest writers & Reformers of this Church , and of the Church of England it selfe from the begining to the end of her happy Raign and ever since , should bee deemed meere Antichristian , Diabolicall , theomacall , and meer Popish doctrine now ; when as the contrary opinion is really such .

Our late Soveraigne King James , in his z z Canons and Constitutions , 1603. the Patent before them . Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation A● . 1603. recites , that he called that Convocation by his Writ , and that ●e did By severall Letters Patents under his Great Seale of England , the one dated the 11. of April , the other the 25. of Iune , in the first year of his Raigne , Give and grant full , free and lawfull liberty , power and Authority unto the sayd Clergy in their Convocation ( who without such a Patent and License could debate and conclude nothing , else it had been vaine and superfluours ) To conferre , Treat , Debate , Consider , Consult and agree , of and upon such Canons , Orders , Ordinances and Constitutions , as they shall thinke necessary , fit , and convenient , for the honour and service of Almighty God , and quiet of the Church , and the better government therof , &c. And our present Soveraign King Charles , in his a a Declaration before the 39. Articles printed at London , 1●28 . Declaration printed before the 39. Articles of the Church of England , ( made by the advise of so many of the Bishops as might conveniently be called , & twice printed by his 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 , determinations , 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 substance 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 Gulielmo , eadem gratia Cantur . A chiepis . totius Angliae Primati & Metropolitano , salutem . Quibusdam arduis & urgentibus negotiis Nos , securitatem & defensionem Ecclesiae Anglicanae , ac pacem & tranquilitatem , bonum publicum & Defensionem regni Nostri & subditorum Nostrorum ejusdem concernentibus Vobis in fide & dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis & ponderatis , universos & singulos Episcopos vestrae Provinciae , ac Decanos Ecclesiarum Cathedralium , nec non Archidiaconos , Capitula & Collegia , totumque Cle●um cujuslibet diocesios ejusdem Provinciae , ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro , vel alibi , prout melius expedire videritis , cum omni celeritate accommoda modo debito convocari facias , ad tractandum , consentiendum , & concludendum super premissis , & aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra : Et hoc sicut Nos , & Statum Regni Nostri , ac honorem & utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis . Teste meipso apud Westmonast . vicesimo die Februarii Anno regni Nostri quintodecimo .

Secondly , by the 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 u●e , or enact , promulge , or execute any new Canons , Constitutions , Ordinances , provinciall or other , or by whatsoever other name they should bee called in the Convocation , unlesse the said Kings most Royall assent and license 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 behalfe . It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie ( amongst other things ) that they nor any of them from thenceforth should enact promulge , or execute any such Canons , Constitutions , or Ordinances provinciall , by whatsoever name or names they might be called in their Convocations 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 Convocation 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 , debate , consider , consult and agree upon the exposition or alteration of any Canon 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 Canterbury 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 Convocation 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 , Ministeries , 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 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 , Note . 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 , Provision or restraint heretofore had ; made , provided , or set forth , or any other cause , matter , or thing whatsoever to the contrary notwithstanding . And we do also by these Presents give and grant unto the sayd Lord Archbishop 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 Cathedrall 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 Canterbury 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 , Note . may allow , approve , confirme and ratifie , or otherwise disallow , annihilate , and make voyd such , and so many of the sayd Canons Orders , Ordinances , Constitutions , 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 , Note . 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 notwithstanding ; &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 .

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 Councellour : 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 , bearing 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 Parliament . And whereas we have further in that Licence which we have granted unto you , Note . 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 , established 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 inserted this Oath , we require you to present it to us , that we may advise upon it ; and if upon mature consultation we approve it , we shall confirme it , and then give you power under our great Seale both to take the said Oath your selves , and to administer it to all such as the Canon appoints . Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth 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 England : 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 .

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 * * NOTE . belongs in chief unto Kings : For otherwise 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 , 't was therefore 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 Convocation 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 certaine 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 present 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 th●se presents doe give Our Royall 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 observed , executed , and equally kept by all Our loving Subjects of this Our Kingdome , 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 Canons , 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 exercise 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 , Orders , Ordinances and Constitutions to be in all points duly observed , not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or 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 † † See Q. Elizabeth Letters Patents to confirme the Canons made 1597. others of like nature , directed to all our Convocations , by our Kings in former and latter times , by * * See all the Ordinances and Orders of both Houses concerning the present Assembly . Our present Parliaments manner of calling , limiting , directing , our present Assembly of Divines in all particulars of their proceedings and debates , appointing some eminent Members of both Houses to sit and consult together with them , and to 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 premises it is most apparent , that the Arch-bishops , Bishops , Clergy , and Convocation of England , assembled Synodically together ( much lesse then any particular 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 † † See the Arch-bishop 〈◊〉 Canterburies 〈…〉 Bishop Mountagues , Bishop Juxons , Archdeacon Fasks , and others late Visitation Oathes , Articles , of strange nature . 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 , Ceremonies , or forme of Government to any of his Majesties Subjects , that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ , or Parliaments command , yet they cannot legally or of right * * See 25. H. 8. c. 19. 27. H S. c. 15. Dr Fi●la of the Church l. 5. c. 53. 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 , Ordinances , Oaths , without their speciall approbation and ratification of them by their speciall 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 .

Where then is that immense Episcopall jurisdiction , authority , preheminence , superiority , power , in point of dominion , over and beyond that of ordinary Ministers , which our Lordly Prelats lately so much boasted of and pleaded for , as due unto them by no lesse then divine institution , ( if we may beleeve 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 licence and permission of those temporall Princes and Powers that summon them ; nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever , more then the poorest Vicar and Curate breathing , that is a Minister lawfully ordained , without the Kings Letters Patents or Commission authorizing them , ( which erected their * * 24. H. 8. c. 12 31. H. 8. c. 9. 1. Ed 6. c. 2. 37. H. 8. c. 17. Bishopricks , Diocesse , and Episcopall jurisdiction at the first , and must still support them , else they will fall to utter ruine ) and then all their pretended claimes and crackt title of jus divinum ; with all Independents , Anabaptists , Brownists , Anti-monarchicall , Anti-parliamentall fancies , concerning the jurisdiction and authority of their Independent Congregations , opposite to the premises ; will vanish into ayre .

If any deeme the premised power of Christian Princes and Civill Magistrates , in limiting Synods and Councels thus , to be derogatorie to the lawfull authority of Bishops , Ministers , Synods , or Independent Churches : Ianswer , that it is not so , forthese ensuing reasons .

First , because the a a See Sect 3 , 4 , 5 , 6. The Harmony of Confessions Sect. 19. 28. H. c. 10. 37. H. 8. c. 17. 1. Eliz. c. 1 , 2. The institution of a Christian man dedicated to King Henry the 8. by all the Clergy in Convocation , cha. ●f Orders . Justinian Cod. l. 1. Tit. 4. 8. Niceph. Calisth . Dedicat. hist. suae . ad Andronicum Imperat. Mr John Hales Oration to Q. Elizabeth . Fox Vol. 3. p. 976 , &c. chiefe care of preserving the purity of Gods Worship , Ordinances , Religion , the Churches peace , prosperity , and of suppressing all heresies , errours , schismes , corruptions , superstitions contrary thereunto , is committed to Christian Princes and supreme temporall Magistrates , both by the Lawes of God , the constant acknowledgment , use , practice , constitutions , lawes , canons , of all Christian Empires , Kingdomes , Councels , Synods , in all ages ; and the b b Leges Edovardi Confes . Lex 17. Fox Vol. 1. p. 174. Coronation-Oaths of all Emperours , Kings , Princes , in the Christian World , which oblige them to discharge this trust , as the subsequent Sections will abundantly manifest . Therefore the power of directing Synods , Councels , in debating matters of controversie , making Lawes , Canons , &c. concerning all or any of the premises , and the confirming of them ought principally to belong to them .

Secondly , because Christian Emperours , Kings , Princes , are the c c Bish. Jewels defence of the Apology part 6. c. 11. to 15. Bish. Bilsons True difference &c. part 2. supreme heads and Governours under Christ , in and over all Ecclesiasticall persons , Assemblies , Synods , Councels , Churches , within their owne Dominions , as well as temporall ( and our Kings of England are declared to be such by d d 24. H 8. c. 12. 25. H. 8. c. 19 , 21. 26 H 8 c. 1 , 3. 27. H. 8. c. 15. 28. H. 8. 7 , 10. 31. H. 8 c 10 , 14. 32. H. 8 c. 22 , 24 , 26. 33. H. 8. c. 29 , 34. & 35. H. 8. c. 17 , 19. 35. H. 8. c. 1 , 3. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1 , 2. 8. Eliz. c. severall Acts of Parliament , by the e e 1. Eliz. c. 1. 3. Jac c. 4 , 5. Oaths of supremacy and Allegeance , which all ought to take ) within their respective Dominions : Therefore they ought of right to direct and order all manner of proceedings , in such Ecclesiasticall Assemblies , Synods ; it being the duty and just right of every Naturall and Politicke head to direct the members ; f f Judg. 11. 8 , to 15. Ephes. 5. 22 , 23 , 24. 1 Cor. 11. 3 , to 12. as of the head of the family , to regulate and direct the family , wife , &c. by way of authority or jurisdiction , not they the head .

Thirdly , because the Bishops and Clergy of our owne and other Realmes , have no Legislative power , or other Ecclesiasticall authority vested in them by the Word of God , but onely g g Matth. 18. 〈…〉 Ma●k 10. 15. to preach the Word , administer the Sacraments , and to binde or loose mens sinnes declaratively , by preaching or applying the Gospel to them , according as they finde them penitent or obstinate in their sinfull courses ; and no more of other Ecclesiasticall jurisdiction , then what is derived to them by our Kings , and the Lawes of this our Realme ; as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops , Bishops , Arch-deacons , and other Ecclesiasticall persons of this Realme , have no manner of Iurisdiction Ecclesiasticall , but by , under , and from the Kings royall Majestie , the onely and undoubtea supreme head of the Church of England and Ireland , to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall , and to correct all vice and sinne whatsoever ; and to such persons as his Majestie shall appoint thereunto . And by the Statute of 1. Ed. 6. c. 2. in these words , That all jurisdiction spirituall is derived and deducted from the Kings Majestie ( to all Bishops and Ecclesiasticall persons within England and Ireland ) as supreme head of these Churches and Realmes of England and Ireland , and so instly acknowledged by the Clergie of the said Realmes , and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme , but by the authority of his most Excellent Majesty : whereupon it enacts , That all their Processe shall issue out under the Kings Seale , and in his Name and Stile , as in Writs originall and judiciall at the common Law : with which sundry other h h 25. E. 1 the statute of Carlile . 24. H. 8. c. 12. 25. H. 8. c. 19 , 21. 26. H. 8 c. 1 , 3. 27. H. 8 c. 15. 1. Eliz c. 1 S. Eliz. c. 1. Acts of Parliament concurre . Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels , Synods , and Convocations , no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. & 27. H. 8. c. 15. and mentioned in the premises . ) Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority ; the rather , because they are assembled to such meetings ( as our Assembly is now ) onely as advisers and assistants , not as Judges or Law-givers : Therefore the keeping of them to the fore-mentioned limits , can neither be an infringement or eclipsing of their just priviledges , or Christian liberty .

Fourthly , because every particular Christian is to i i Acts 17. 11. M●tth . 7. 15. c 24. 23 , 24 , 25 , 26. 1 Joh. 4 1. 2 Joh. 7 , to 12. Col. 2. 8 , 18 , 19. Phil. 3. 2 1 Thes. 5. 2● . Gal. 1. 6 , 7 , 8 , 9. 1 Cor. 10. 15. c. 11. 13. try the spirits doctrines , and determinations of Ministers , by the Scriptures , whether they are of God or not ; and to beware , yea judge of false Teachers , doctrines , and no wayes to receive them , as the i i Acts 17. 11. M●tth . 7. 15. c 24. 23 , 24 , 25 , 26. 1 Joh. 4 1. 2 Joh. 7 , to 12. Col. 2. 8 , 18 , 19. Phil. 3. 2 1 Thes. 5. 2● . Gal. 1. 6 , 7 , 8 , 9. 1 Cor. 10. 15. c. 11. 13. Marginall Texts abundantly evidence , and all Orthodox Divines assert . Much more then are Christian Princes , ( the chief Defenders of the Christian faith ) to judge and determine of them ; therefore to give particular directions to , and in all Synods , Councels how to proceed , and what to treat of , for suppressing false Teachers , Heresies , Schisms , Errours advancing Religion , Truth , unity , and sincerity of Gods Worship , within their territories and Churches .

Fifthly , because every soule ( as well k k See Chrysostom Theodoret. Theophylact . in Rom. 1● . Dr Ora●●nthorp of the Popes temporall Monarchy . Bishops , Ministers , and all other Ecclesiasticall persons , as temporall subjects ) is and ought to be subject to Christian Princes , and the highest temporall powers , who are to provide for their spirituall as well as their temporall welfare : l l Paraeus in Rom. 13. dub . 5. See Dr Wil●et and Peter Martyr ibid. Therefore they ought to be regulated and directed by them , when assembled by their Writs in Councels or Synods for their spirituall good .

SECT. 3. Of Confirming , Ratifying the Canons , Decrees , and Resolutions of Councells , Synods , by Christian Princes , Peers , Parliaments , before they become valid or obligatory : Of the Presence and Power of Christian Princes , Nobles , and other Lay-men , in Councells . That many , or most Councells , Synods , in ancient and latter times ( especially in England ) were in truth meere Parliaments ; wherein Christian Princes , Nobles , Senators , and Lay-men met and voted , as well as Bishops , and other Ecclesiasticall persons . And that no Canons , Lawes , Articles , concerning Gods Worship , Religion , Church-Government , Ceremonies , were ever lawfully prescribed , or imposed on any Subjects of our Realme , but by Parliament only .

THirdly , As Bishops and Clergy-men have no power at all to summon Councells , Synods , or Convocations , nor yet to treat , or conclude of any Ecclesiasticall 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 composed any such Articles , Canons , Constitutions , Orders , Ceremonies , &c. they cannot print , publish , promulge , impose , execute , or put them in ure , nor are they * * See Mar●●lius Patavinus , Defensoris Pacis , pars 2. cap. 21. 28. 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 Parliaments : wherein Kings , Nobles , and Lay-men were present , as well as Clergy-men . This I shall manifest by some Presidents , both abroad and at home , in all ages .

To begin with Scripture Testimonies . c c Iosh. 24. 24 , 25 , 26 , 27. 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 the d d 2 Chron. 30. 1. to 7. Princes , and all the Congregation in Jerusalem , assembled 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 e e Esther 3. 20. to 32. Mordecai 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 Hamans conspiracy against them , Queene Esther and Mordecai wrote with all authority , and confirmed this Feast and Decree , by their Letters , & the Decree of Esther . Yea , we read , that when the f f Dan. 6. 5. to 11. Presidents , Governours , Princes , Counsellours , and Captains of King Darius , to entrap Daniel , moved him to establish a royall Statute , 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 in g g Ionah 3. 5 , 7. 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 famous Synod of Nice , with the Constitutions , Canons , and Decrees therein compiled , were h h Nicephor . C●●●ist . Eccl●s . Hist , l. 8. c. 7. 25. Eusebius Pamph De Vita Constartini , l. 3 c. 12 , 14 , 15 16 , 17 , 18. 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 ; writes i i Ibid c. 19. See Ni●ephor . l. 8 c. 26. Eusebius : Who records further of him , k k Euseb. De Vi●d Constantini , l 4 c. 17. That hee confirmed , and consigned , by his authority , the Canons 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 . * * Subscripserunt & Augustus Constantinus & mater ejus Helena Surius Tom. 1. p 362. cap. 2● . The Councell kept at Rome , under Pope Sylvester , was confirmed by the subscription of Constantine , and Helena his mother . The second generall Councell of Constantinople , after they had finished their Decrees and Canons , sent them with this Epistle to Theodosius the Elder , desiring him to ratifie them ; l l Surius Co●cil . T. 1. p ●17 6. Sozo● Eccles. Hist. l 4. c. 13. Centur. Magdeburg 4. col 851. 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 Majesty 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 prescribed , 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 rejected , 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 prescribed certaine Canons , all which wee have annexed to this our Writing . Wee therefore beseech your Clemency , ( VT PER LITERAS TVAE PIET ATIS RATVM ESSE IVBEAS CONFIRMES QVE CONCILII DECRETVM , ) 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 YOVR DECREE AND SEALE , THE SVMME AND CONCLVSION OF THOSE THINGS WHICH ARE DECREED . And hereupon ( writes m m Ecclesiast. Hist l. 12 c. 13. Surius Concil. Tom. 1. p. 48● , 484. Socrates Scholast. Hist. ● . 5. ● . 8 , 10. Nicephorus ) CONSTITVTIONE QVO QVE 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 subsistence 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 Ecclesiasticall 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 by n n Codicis l. 1. Tit. De Haereticis . Lex 2. 136 fol. 23. Tit. 4. de Summa Trinitate Lex . 2. Justinian . The Synod o o Sozomen Ecc●es . Hist. l 4● c 13. Centur. Magdeburg 4. Col. 538. of Ancyra sent Legates to Constantius , informing him , that Eudoxius did study to deprave the Faith , requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice , Syrnium , and in other Synods . So the Catholike Bishops in the Councell of Ariminum , p p Surius Tom 1. p. 434 , 435. Niceph. Eccles. Hist. l. 9 c. 40 , 41. Socrates Scholasticus Eccles. Hist. l. 2. cap. 37. write to the same Constantius , beseeching 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 Ancestors ; 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 . q q Surius Concil. Tom. 1. p. 577 , 578 , 579 , 581 , 582. The Councell of Africk , Can. 25. to 32 , 34 , 42 , 51 , 59 , 60. and the Bishops therein assembled , make divers petitions and requests to the Emperor Honorius , and the temporall Judges and Magistrates , to reforme Idolatry , suppresse the Donatists , and reform many abuses , by them complained of , by their Lawes and Edicts , and to ratifie their Canons against them , sending their Legates to the Emperor for that purpose . r r Surius ibid. p. 616 , 617. The Bishops in the third generall Councell of Ephesus , write to Gallimar King of Persia , supplicating , and beseeching his Majesty , to ayd Religion , which was impugned , and speedily to correct their madnesse and tyranny that inclined to heresie : Yea , they s s Willets Synopsis Papismi , 3. Generall Controversie , Quest 4. p. 136. beseeched Theodosius 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 the t t Sur Tom. 2. p 19. 134 , 135. B●shop Jewels Reply to Harding . Artic. 4. p. 213. first Action of the Councell of Chalcedon . Martianus the Emperor , in the fourth generall Councell of Chalcedon , speaks thus , u u Sur. Tom. 2 p. 10. 14. 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 x Act. 3. Sur. ibid p. 134. SACRO NOSTRAE SERENITATIS EDICTO VENERANDAM Synodum CONFIRMAMVS , By the holy Edict of our Majesty Wee confirme that Reverend Synod : Which hee ratified with this Edict , y y Sur. ibid. p 133 , 134. Jull●●ian Codici● . l. 1. Tit. 4. de Summa Trinitate , Lex 3●● . Surius Tom. 1. p. 85 , 86 , 87 , 134 , ●36 , 215 , 216 , 219 , to 274 , sparsim , are the like Decrees and Letters of theirs , confirming this Councell . 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 Synod , 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 Precepts , 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 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 , Valentinian , 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 z Jus●iniani Codex l. 1. tit . 4. De Summa Trinitate . Lex 2. fol. 3 , 4. Vnius & Summi Dei Nomen ubique celebretur Niceneae Fidei dudum à majoribus traditae , & divinae Religionis testimonio atque affertione firmatae OBSERVANTIA SEMPER MANSVRA TENEAT , &c. Yea , Pope Leo himselfe , in a a Epist. 7 , 9 , 12 , 13 , 16 , 17 , 23 , 24 , 29 , 31 , 33 , 36 , 37 , 40 , 41 , 42 , 43 , 44 , 45 , 47 , 48 , 49 , 52 , 53 , 55 , 56 , 57 , 58 , 62 , 67 , 68 , 71 , 72 , 73 , 95. sundry 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 , against the Heretiques that opposed them : to ratifie and maintaine the Decrees of these Councells , by their Imperiall authority , to represse the Heretiques , and disanull 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 the b b Sur. Tom 2 p. 25 , 38 , 55 , 58 66 , 67 , 95 , 106. Councell of Chalcedon , Action 1. when some would have added an Explanation to the Canon of the Councell of Nice , the Egyptians , Orientalls , and the Bishops that consented with them , cryed out , Nemo suscepit adjectionem , nemo diminutionem : Quae in Nicca constituta sunt , teneant , Catholicus IMPERATOR HOC JVSSIT . After this , upon another occasion , the whole Synod saith , Quod Impertalis praecepit autoritas , omnibus modis observandum est : Justum est quae à piissimo Principe praecepta sunt , effectus mancipari . Et necesse nobis erit , in omnibus Imperatoris Christi amici cedere jussioni . Omnia referantur ad cognitionem clementiae Imperialis . Postulamus ejus referri clementiae : Et si jusserit criminali causa alterum pro altero decertare , & hoc suscipimus , praecipuè quia universalem praecepit fieri Synodum . Et necesse est majores causas in eum reservare Concilium . The c c Sur. Concil. Tom. 2. p. 462 , 491 , 494 , 496 , 497 , 500 , 502 , 521 , 529 , 530. first 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 of d d Sur Concil. Tom. 2. p. 668 , 669 , 670 , to 677. 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 subscripsi . This Confession of the Faith , to which was annexed the Creeds of the Councells 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 not onely they , but likewise the Presbyters and Deacons ; yea all the Nobles , Senators , and Elders of the whole Gothish Nation ; among whom were Gussinus , Fonsa , Afrila , Achila , Flavius , with other Noble-men , ET OMNES SENIORES GOTHORVM , ET TOTIVS GENTIS GOTHICAE ( who were present and had voyces in that Councell ) subscripserunt . After which Subscription 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 every Lords day , hath this clause in it , CONSVLTV piissimi & gloriosissimi Reccardi Regis constituit Synodus : The eighth this , Jubente autem & consentiente Domino Reccaredo Rege , id praecepit Sacerdotale Concilium : The tenth this , Annuente gloriosissimo Domino nostro Reccaredo , hoc sanctum affirmat Concilium : The fourteenth this , Suggerente Concilio , id gloriosissimus Dominus noster Canonibus inserendum praecipit : The sixteenth this , Hoc cum consensu gloriosissimi Principis sancta Synodus ordinavit : The eighteenth this , Ex Decreto Reccaredi Regis , simul cum Sacerdotali Concilio : All badges , that those Canons were made by the Kings Direction , Counsell , Decree , and Command : Who ratified them all with this publike Edict , b b Surius Tom. 2. p. 676. Gloriosissimus Dominus Reccaredus Rex universis sub regimine nostrae potestatis consistentibus : Amatores nos sui faciens divina veritas , nostris principaliter sensibus inspiravit , ut causa instaurandae fidei ac disciplinae Ecclesiasticae Episcopos omnes Hispaniae nostro praesentari culmini juberemus . Praecedente autem diligenti & cauta deliberatione , sive quae ad fidem 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 Concilio , habito in urbe Toletana anno regni nostri feliciter quarto , nulli contemnere liceat , nullus praeterire praesumat . Capitula enim quae nostris sensibus placita , & disciplinae congrua , à praesenti conscripta sunt Synodo , in omni autoritate , sive Clericorum , sive quorumcunque omnium , observentur & maneant . Then followes a Recapitulation of all the 23. Canons , and after them this clause , Has omnes Constitutiones Ecclesiasticas , quas summatim breviterque perstrinximus , sicut plenius in Canone continentur , manere perenni stabilitate sancimus . Si quis ergo Clericus aut Laicus , harum sanctionum obediens esse noluerit , si Episcopus , Presbyter , Diaconus aut Clericus fuerit , NOTA. ab omni Concilio excommunicationi subjaceat : si verò Laicus fuerit , A Coercive Law under severe penalties . & honestioris loci persona est , medietatem facultatum suarum amittat , fisci juribus profuturam : si verò minoris loci persona est , amissione rerum suarum mulctatus , in exilium deputetur . Flavius Reccardus Rex hanc deliberationem , quam cum sancta definimus Synodo , CONFIRMANS SVBSCRIPSI : 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 Confirmation are invalid , and not binding : That Lay-men have definitive voyces in Councells , and have confirmed them with their Subscriptions ; and that Councells in ancient times were no other but Parliaments ; wherein the King , the Clergy , 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 . The c c Sur. Tom 2. p. 686 , 687. Decrees 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 Pontificibus , ac universis Sacerdotibus , & cunctis judicibus in regione nostra constitutis , &c. Cuncta ergo quae hujus Edicti tenore decrevimns , perpetualiter volumus custodiri ; quia in sancta Synodo Matisconensi haec omnia ( sicut nostis ) studuimus diffinire , quae praesenti autoritate vulgamus . Subscriptio Domini Guntramni Regis , data sub die 4. Idus Novemb. 24. Regni supra scripti Regis . The d d Sur. Tom. 2 p. 727. fourth 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. VT EJVS IMPERIIS AT QVEjVSSIS communis ab ipsis agitaretur de quibusdam Ecclesiae disciplinis tractatus ; and entred into the Synod , cum magnificentissimis & 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 , concerning 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 others claimes . Now all those Canons , as they were made by the License and Direction of this King , e e Ibid. p. 727 ( cujus tanta devotio erga Deum exta●t , 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 f Ibid p. 738 Definitis itaque his quae superius comprehensa sunt , ANNVENTE RELIGIOSISSIMO PRINCIPE ( cujus devotio nos ad hoc decretum salutiserum convocavit ) placuit deinde , nulla re impediente , a quolibet nostrum ea , quae constituta sunt , temerari , sed cuncta salubri consilio conservari : The g g Ibid. p. 728. fourth Canon of this Councell shewes , that Judges and Lay-men may and ought to be present in Councells . In the * * Surius ibid. p. 739. fifth Councell of Toledo , King Chintillanus , who summoned it , entred into the midst of the Synod , with the Nobles and Elders of his Palace , atque hanc institutionem , quam EX PRAECEPTO EJVS , & decreto nostro sancimus , divina inspiratione PRAEMISIT ; scilicet , ut in c●ncto regno à Deo sibi concesso , specialis & propria haec religiosa omni tempore teneatur observantia , &c. saith the Prologue and first Canon of the 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 the h h Sur. Tom. 2 p. 741 , to 746. sixth Councell of Toledo , were ratified by King Chintillanus , with the assent of his Nobles and great men , who were present in it , as appears by the words of the 2 , 14 , 15 , 16 , 17 , 18 , 19. Canons , which determine of State affaires , touching the King and Crowne , and confirme the Canons formerly made and ratified by the Kings consent , Cui omnium gubernatio superno constat delegata judicio ; but most apparently by the third Canon , Inspiramine summi Dei Excellentissimus & Christianissimus Princeps ardore fidei inflammatus , cùm regni sui Sacerdotibus praevaricationes & superstitiones Judaeorum eradicare elegit funditus , nec sinit degere in regno suo eum , qui non sit Catholicus : ob cujus fervorem fidei gratias Omnipotenti Domino coelorum agimus , &c. Quocirca consonam CVM EO corde & ore promulgamus Deo placituram sententiam , SIMVL ETIAM CVM SVORVM OPTIMATVM ILLVSTRIVMQVE VIRORVM CONSENSV ET DELIBERATIONE SANCIMVS : ( 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 . ) Vt quisquis succedentium temporum regni sortitus fuerit apicem , non ante conscendat regiam sedem , quàm inter reliqua conditionum sacramenta pollicitus fuerit , hanc se Catholicam non permissurum eos violare fidem , &c. In the i i Sur Tom. 2. p. 854 , 855 , 857 863 , 864. eighth Councell of Toledo ; King Recessuinthus , 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 exhibited 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 Councells ; 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 published , and ratified in the Kings name , as these words at the end of the twelfth Canon evidence , Hujus quoque sententiae fortitudine vel vigore decreti nostri seriem , quam in serenissimi Domini nostri Recessuinthi Regis EDIDIMVS NOMINE , pro rebus à divae memoriae Patre suo quolibet titulo conquisitis , decernimus omnino constare , &c. Yea , divers k k Ibid. p. 864. Earles 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 , Venedmus , 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 , promulgated a Law therein , in ratification of that decree of theirs ; both which are at large recorded by l l Ibid p. 864 865 , 866. Surius . The m m Sur Tom. 2. p. 867 , 870 , 872 , 873 , 874. ninth and tenth Councells of Toledo were called and confirmed by the same Recessuinthus , for whom the Prelates in these Councells oft-times give thanks to God ; doing all things by his direction , assent , and in his name , Opitulante miseratione divina , & gloriosissimi Recessuinthi Principis inhoerente voluntate religiosa . The eleventh Councell of Toledo was ratified by KingVvambanus , n n Sur. Ibid. p. 880. 887. Cujus hortatu aggregandi nobis facultas data est , & oportuna corrigendis praeparata est disciplina . Iste est ergo tenor fidei nostrae , qui & à capite copiosè profluxit , & à membris probatus gloriosè emicuit , saith the Prologue of the Bishops assembled in that Councell , and the sixteenth Canon of it . Constantinus Pogonatus , as hee called the o o Surius Concil. Tom. 2. p 899 to 940. sparsim . sixth generall Councell of Constantinople , by his writs , so hee sate President therein , with divers of his Nobles , Princes , Senators ; ordered , swayed , directed all things in it ; ratifying the Acts and Decrees thereof both by his Subscription and Imperiall Lawes . Hence wee so p p Ibid. p 902 904 , 906 , 907 , 908 , 928 , 929 , 930 , 931 , 932 , 934 , 935 , 936 , 939 , 944 , 945 , 947 , 964 , 965 , 966 , 967 , 980. 981 , 983 , 984 , 987 , 990 , 991 , 992 , 993 , 998 , 1000 , to 1013 1016 , to 1030. often read in that Councell , these and the like passages , Praesidente eodem piissimo & Christo amabili Imperatore Constantino . Piissimus Imperator Constantinus dixit : sancta Synodus dixit . Quod & nunc à vestra serenitate piè jussum est , fiat : Constantinus piissimus Imperator , & sancta Synodus dixerunt . Constantinus piissimus Imperator dixit ; Sufficiunt & quae hodierna die relicta sunt ; reliqua verò in sequenti secretario religantur . Meminit vestra pietas & haec sancta Synodus . Residentibus quoque gloriosissimis Patriciis & Consulibus , ex latere venerandissimi , piissimi & Christi amatoris Imperatoris nostri Constantini . Gloriosissimi Judices dixerunt . Diversis vicibus in praesentia piissimi nostri Domini & magni Imperatoric & cuncti nostri Concilii interrogatus fuit . Gloriosi Judices dixerunt ; Sufficiunt , quae hodierna die acta sunt : Releguntur ista , &c. q q Ibid. p. 1021 1022. Subscriptio piissimi & Christo dilecti Constantini Imperatoris , legimus , & subscripsimus . Constantinus piissimus Imperator dixit . Edicat sanctum & universale Concilium , si cum consensu omnium Episcoporum promulgata est definitio , quae ad praesens relicta est . Sanctum Concilium exclamavit . Omnes ità credimus ; Vna fides ; Omnes idipsum sentimus ; Omnes consentientes & amplectentes subscripsimus : Orthodoxe omnia credimus . Multos annos Imperatori , &c. Sancta Synodus exclamavit . Multos annos Imperatori ; Christo dilecto Imperatori multos annos . Pium & Christianum Imperatorem Domine conserva . ORTHODOXAM FIDEM TV CONFIRMASTI . Aeterna memoria Imperatori , aeternum permaneat vestrum Imperium . At the r r Ibid p. 1025 to 1031. end of the 18th. Action of this Councell 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 & Imperium nostrum subscripsit , & per pia dicta nostra COMPROBAVIT EAM . Pope Leo the second , in s s Ibid. p. 1031 1032 , 1033. his Epistle to this pious Emperor , highly approved and applauded this his piety , zeale , and princely care for advancing Religion , suppressing heresies and schismes , and for his Acts and proceedings in this generall Councell , 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 , fideles omnes gratiam referentes exultant , infideles moeror atque dejectio comprimit & 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 Religion , 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 , Bishops , Captaines , Souldiers , and others , to subscribe it , as himselfe records in his Letter to Pope John ; t t Ibid. p. 1034 In nomine Domini Dei & Salvatoris nostri Jesu Christi , Imperator Caesar Flavius Justinianus , fidelis in Jesu Christo , pacificus , pius , perpetum petuus Augustus , &c. Magnum studium , magnam sollicitudinem nos habentes pro stabilitate immaculatae Christianorum fidei , &c. Quia Synodalia gesta , eorumque definitionem , quam & instituere noscitur sanctum sextum Concilium , quod congregatum est in tempore sancta memoriae nostri Patris , in hanc à Deo conservandam regiam urbem , apud quosdam nostros Judices remiserunt . Neque omnino praevidimus alterum aliquem apud se detinere ea , sine nostra piissima Serenitate ; eo quod Nos copiosos misericordia noster Deus custodes constituit immaculatae Christianorum fidei : sed mox adduximus nostros Patres sanctissimos ac beatissimos Patriarchas , & * * Note . sacratissimum Senatum , verum etiam Deo amabiles Motropolitas & Episcopos , qui hîc in regia urbe commorantur ; & dcinceps Militantes incolas sancti Palatii , necnon & ex Collegiis popularibus , & ab excubitoribus : insuper etiam quosdam de Christo dilectis exercitibus , tam ab à Deo conservando Imperiali obsequio , quamque ab Orientali Thraciano , similiter & ab Armeniano , etiam ab exercitu Italiae , deinde ex Cabarisnianis , & Septensian●s , seu de Sardinia atque de Africano exercitu ; qui ad nostram pietatem ingressi sunt , & jussimus praefatas Synodaelium gestorum chartas in medium adduci , & CORAM SVPRADICTIS OMNIBVS LECTIONEM EORVM FIERI , OMNESQVE DILIGENTER AVDIENTES SIGNARE IPSAS FECIMVS : quorum auditorum universitas in nostris manibus eas praebuit chartas , ut debeamus nos tenendo inviolatas conservare ipsas , ut non licentia fuerit in quolibet tempore his , qui timorem Dei nolunt habere , aliquid corrumpere aut submutare ab his , quae inserta sunt in praenominatis Synodalibus gestis ; quas totas chart as benè definitas in temporibus sanctae memoriae nostrae Patris , ex probabilibus sanctis Patribus , qui propriae linguae & manuum fidem apud Dominum nostrum Jesum Christum verumque Deum existentem , confirmasse dignoscitur , & consitentes eam docuisse , nos speramus clementissimum nostrum Deum : quia usque dum noster spiritus statutus est ex Deo esse , in nobis ipsas chartas illibatas & incommutabiles semper conservabimus . These Canons , which were compiled by his command in that Synod after his Fathers decease , the Bishops sent unto him to peruse and ratifie , as appears by the last clause of their Oration to the Emperor , prefixed before them by way of a Preface ; q q Sur. Tom. 2 p. 1039. Propterea ergo tuae pietatis jussu in hac Dei observatrice & imperante urbe congressi , sacros Canones conscripsimus . Quamobrèm tuam Pietatem rogamus , eas quae prius in hac Dei observatrice 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 Canons 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 , assembled 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 r Sur. Tom. 3. p. 2 , 10. Praesto sunt religiosi provinciarum Rectores , & clarissimorum ordinum totius Hispaniae Duces , & illustres aulae regiae viri ; quos interesse huic sancto Concilio delegit nostra Sublimitas ; & clarissimi nostri Palatij Seniores , sublimiumque virorum Nobilitas , saith the Kings Instructions in both Councells ; and these had decisive voyces . Secondly , s s Sur. ibid. p. 1. to 12. the King in those Councells made two severall Speeches to them both , and gave to them severall writings , concerning such things as hee desired to have enacted ; commanding both the Nobles , Senators , 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 contrary to justice , both in those Scrolls , and in his Lawes ; prescribing them in generall 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 confirme 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 Constitutions , according to his directions in writing , hee then confirmed them both by his Royall Subscription and Edicts , in this manner , t t Surius ibid. pag. 2. 9. In nomine Domini , Havius Eringius Rex : magna salus populi gentisque nostri ac regni conquiritur , si haec Synodalium decreta gestorum , sicut pie devotionis nostrae studio acta sunt , ita inconvulsibilis legis nostrae valido oraculo confirmentur : ut quod sercuissimo Celsitudinis nostrae jussu venerandis Patribus & clarissimis Palatij nostri Senioribus discreta titulorum exaratione est edictum , praesentis hujus legis nostrae edicto ab aemulis defendatur . Est enim haec ipsa definitio Canonum , sub isto notata ordine titulorum . Then follow the Acts , Canons , and Constitutions of the 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 recites them , proceeds thus , Quibus omnibus Synodalibus gestis decretis atque peractis , & debitam reverentiam honoris impendimus , & patulum autoritatis nostrae vigorem his innectare properamus . Ideo praemissas has constitutiones Synodicas à praesenti die vel tempore , id est , ab octavo Calendas February , anno primo regni nostri , nullus audeat contemnere , nullus etiam praeterire , nemo earundem constitutionum audeat jura convellere , nullus temerator haec decreta subvertere . Nemo illicitator vel contemptor vigorem his institutionibus subtrahat , sed generaliter per cunctas regni nostri provincias haec Canonum instituta nostrae gloriae temporibus acta , & autoritatis debitae fastigio praepollebunt , & irrevocabili judiciorum exercitio , prout constituta sunt , celebria habebuntur . Si quis autem haec instituta contemnat , contemptorum se noverit damnari sententia ; id est , ut juxta voluntatem nestrae gloriae & excommunicatus à coetu nostro resiliat , NOTA. & insuper partem decimam facultatis suae sisci partibus sociandam , amittat . Quod si nihil habuerit facultatis , unde praedictam compositionem exsolvere possit , absque alia infamia sui , quinquaginta oportebit eum ictibus verberari , ut semper infamis permaneat . Edita Lex in confirmatione Concilij Toletani sub die octavo Calendas Februarij , anno felicitèr primo regni gloriae nostrae . In nomine Domini Flavius Eringius Rex , hoc legis nostrae Edictum in CONFIRMATIONE HVJVS CONCILII PROMVLGATVM , SVBSCRIPSI . The Passages and Canons 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 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 direction of the temporall Lords and Governours , the Kings license for that purpose first gained ; nor yet promulge them , without the Kings Letters Patents first obtained for their ratification . The u u Sur. Tom. 3 p. 39 , 40. Canons of the Synod of France under Charlemain , 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 present ) CONSILIO Sacerdotum ET OPTIMATVM MEORVM , with the counsell of his Priests and Nobles . The Constitutions and Canons of the Synod of f f Sur. Tom. 3. p. 40 , 41. Soyssons , made by Prince Pepin , Consensu & Concilio Episcoporum sive 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 writing , which concludes thus : Si quis contra hoc decretum , quod 23. Episcopi cum aliis Sacerdotibus vel servis Dei , unà cum consensu Principis Pepini , vel OPTIMATVM FRANCORUM CONSILIO CONSTITVERVNT , transgredi , vel legem irrumpere voluerit vel despexit , judicandus sit ab ipso Principe , vel Episcopis , vel Comitibus componat , secundum quod in lege scriptum est , unusquisque juxta ordinem suum . This Synod being no other but a Parliament , the temporall Lords having , voyces in it as well as Bishops . The Councell held at the Palace 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 g Vbicunque Dominus Rex jusserit , IN EIVS PRAESENTIA . Sur. Tom. 3. p. 42. Wheresoever the King should command , and in his presence : The King therefore was then President in their Synods , both to order them , and to controll , correct , or confirme their Canons , as hee thought meet . In the second Councell of h h Sur. Tom. 3. p. 48 , 49 , 50 , 51 , 52 , 56 , 60 , 61 , 64 , 65 , 70 , 71 , 72 , 78 , 79 , 80 , 90 , 91 , 92 , 93 , 95 , 127 , 128 13● , 138 , 140 , 182 , 183 , 187 , 188 , 189. 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 Synod 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 pristino gradu constituere , ut omnes Christiani in universo mundo exultent , & magno laetantur gaudio ; Pope Adrian himselfe making this request unto them , in his Epistles Supplicatory , acknowledging the right both of summoning , ordering , and confirming Councells , to bee in them , not in himselfe . i i Sur. Tom. 3● . p. 232 , 238 , 247 to 252. Charles the Great and his Nobles were present in the Synod of Frankford ; summoned by his Writ and Edict ; yea , Charles late President in it ; Congregatis nobis in unum charitatis conventu , praecipiente , ET PRAESIDENTE piissimo & gloriosissimo Domino nostro Carolo Rege , write the Fathers of that Synod to the Prelates of Spaine , to whom Charles in this Synod writ an Epistle , and a profession of his faith , exhorting them to reforme their Errors and embrace the Truth . The Canons of the Synod of Theodon were k k Sur. Tom. 3. p. ●70 . ratified by the Imperiall Edict of Charles the Great , Ludovicus Pius ET IMPERATORES , ET PENE OMNES GALLIAE PRINCIPES SVBSCRIPSERVNT , singuli singulas facientes cruces : The Emperors and almost all the Princes of France subscribing the Decrees of that Synod , after all persons in it had three severall times consented to them , by crying out a Placet ; and Te Deum being sung by the Clergy , after this subscription , the Synod dissolved : which was no other but a Parliament ; those Emperors and their Nobles being present , and having the 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 o Sur. Tom. 3. p. 27. Bochellus Decreta Eccles. Gal lib. 5. Tit. 20. cap. 19. p. 901. Haec igitur sub brevitate , quae emendatione digna perspeximus , quàm brevissimè adnotavimus , & Domino Imperatori praesentanda decrevimus ; poscentes ejus Clementiam , ut si quid hîc minus est , ejus prudentia suppleatur ; si quid secus quàm se ratio habeat , ejus judicio emendetur ; si quid rationabilitèr taxatum est , ejus adjutorio , divina opitulante clementia , perficiatur : ( A memorable Submission ) All being nothing without his Royall confirmation . The Synod of Towers , summoned by the same Emperor , was commanded by him , both what Constitutions to make , & what things to consult of ; which they thus expresse , and submit to his censure , in the Prologue , and close of their Canons , p p Sur. Tom. 3. p. 274 , 278. Bochellus Decr. Eccles. Gal. l. 5. Tit. 20. cap. 20. p. 901. Quantum piissimi Imperatoris nostri excellens animus , divinae sapientiae fulgore sit irradiatus ad gubernandum 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 animo invigilat , investigando quae ad pietatem & veram Religionem pertinent , quorum fructus hominem in bono beatitudinis collocat . His igitur intentus pios ac religiosos Dei Sacerdotes , Ecclesiae gubernacula in regno sibi divina largitate collato tenentes , saluberrimis exhortationibus admonuit , ut operam darent , & actionibus eminerent , quibus & se bene operando , & sibi commissos , verbis & exemplis instruendo regerent . Dissinitum itaque de locis & tempore , quando & ubi coadunari opus fuerit , & quod A TANTO PRINCIPE NOBIS INIVNCTVM EST , ad statuta loca convenimus : siquidem urbe Turonis congregati 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 , admonuimus generalitèr cunctos qui nostro conventui interfuêre , ut obedientes sunt Domino excellentissimo Imperatori nostro , & fidem quam ei promissam habent , inviolabilitèr conservare studeant , orationes quoque assiduas intentè fundere pro ejus 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 AGENDVM PLACEBIT , NOS FIDELES IJVS FAMVLI , LIBENTI ANIMO AD NVTVM ET VOLVNT ATEM EIVS PARATI SVMVS . The second Councell of Cavaillon , under the same Charles , thus preface their Canons , which they submit to his correction and approbation ; q q Sur. Tom. 3 p 278 , 279. Bochel●us Decreta Eccles. Gal. l. 5. T it ●0 . cap. 21. p. 901. Auxiliante Domino nostro Jes●● Christo , atque imperante ferenissimo atque inclito Augusto Carolo , convenimus Episcopi & Abbates totius Galliae Lugdunensis in urbem Cabilonensem , & de quibusdam rebus in quibus nobis emendatione necessaria videbatur , quaedam capitula quae subter inserta sunt EIDEM DOMINO IMPERATORI PRAESENTANDA , ET AD EIVS SACRATISSIMVM IVDICIVM REFERENDA adnotavimus ; quate●s EIVS PRVDENTI EXAMINE EA , QVAE RATIONABILITER DECREVIMVS , CONFIRMENTVR : sicubi minùs aliquid egimus ILLIVS SAPIENTIA SVPPLEATVR . Then follow the Canons made in that Councell , by the Emperors direction and command , as is evident by the third Canon ; r r Ibid. p 279. Oportet etiam , VT SICVT DOMINVS IMPERATOR CAROLUS PRAECEPIT , scholas constituant , in quibus & literaria solertia disciplinae , & sacrae Scripturae documenta discantur . And then they thus conclude their Canons , Cap. 67. s s Ibid p. 284 , 285. Haec itaque pauca de pluribus , quae necessaria perspeximus , cum magna brevitate DOMINI IMPERATORIS PRVDENTI IVDICIO PRAESENTANDA , ADNOT AVIMVS . Caeterùm quid generalitèr in omnibus & ab omnibus sequendum sit , quidvè vitandum , qualitervè intra Ecclesiam sanctam sit vivendum , 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 ; t t Sur. Tom. 3. p. 285. consisting 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 ; Convenit nobis de nostro communi Collegio Clericorum seu LAICORVM TRIES FACERE TVRMAS , sicut & fecimus , &c. Intertia denique turma SEDERVNT COMITES ET IVDICES IN MVNDANIS LEGIBVS 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 ITAQVE OMNIBVS PRIMO DECREVIMVS , &c. are the words of the same Prologue . And having finished the Canons , they thus submit them to the Emperors correction and approbation , with this Preface , u u Surius ibid. pag. ●85 . In nomine Patris & Filij & Spiritus Sancti : Gloriosissimo & Christianissimo Imperatori Carolo Augusto , 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 INDIGEMVS ADIVTORIO VESTRO ATQVE SANA DOCTRINA , quae & nos jugiter admoneat , atque clementer erudiat , quatenus ea quae paucis subter substrinximus capitulis , * * I wish our Independents would be so subm●ssive , and tractable in words and deeds , as those in these and other Councells were . A VESTRA AVTORITATE FIRMENTVR , SI TAMEN VESTRA PIETAS ITA DIGNVM ESSE IVDICAVERIT . ET QVICQVID IN EIS EMENDATIONE DIGNVM REPERITVR , VESTRA MAGNIFICA IMPERIALIS DIGNITAS IVBEAT EMENDARI : ut ità emendata , nobis omnibus , & cunctae Christianae plebi & posteris nostris proficiunt ad vitam & salutem , & ad gloriam sempiternam , VOBIS QVE 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 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 x Sur. Tom. 3. ● . 291. ( A Domino Carolo piissimo Caesare MORE PRISCORVM IMPERATORVM CONGREGATO , saith Surius , ) made severall Canons and Constitutions , which they intreat the Emperor to ratifie ; Witnesse the y y Ibid p. 193. 33 , 41 , 42 , 43 , 44. Canons , wherein wee have these passages , Domini Imperatoris misericordia imploranda , ut victum & necessaria à sibi praelatis consequi possunt sanctimoniales , & vita illarum & castitas , secundùm fragilitatem sexus , diligenter provisa tueatur . Vt Dominus Imperator secundùm statutum bonae memoriae Domini Pepini , misericordiam faciat , nè solidi qui in lege habentur , per quadraginta denarios discurrant : ut in sua eleemosyna sirmiter statuat , nè quilibet in suum pergentibus servitium , ullatenùs prohibere audeat mansionem , neque aliis quibus necessitas incumbit : Vt ejus magnificum & cuncto imperio ejus suis & futuris temporibus firmetur capitulum , sive ab anno 30 , à quo adhuc testes haberi possunt , seu etiam ab illo , à quo felicissimum ejus sumpsit exordium , qualiter omnes lites & jurgia in sua misericordia terminum habere potuissent . Vt de falsis testibus , ejus simili modo piissimum firmetur capitulum , qualiter & hoc quod 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 ratifie , prove undeniably , that without his approbation and confirmation they were meere nullities . Wherefore Aistulfus Archibishop of Mentz ( as z z Ecclesiae Gallicanae Decretorum Additamenta . ad tit . 20 l. 5 p. 1371. Bochellus informs mee ) spake thus in that Synod , SI PRINCIPI PLACVERIT ALIISQVE FIDELIBVS SVIS , ROGEMVS , VT CONCLAVDETVR ET SVBSCRIBATVR ; If it shall please the Prince and other his Nobles and Liege people , wee intreat that it may bee joyntly applauded and subscribed : ET CONLAVDATVM EST , ET SVBSCRIPTVM EST , * * Suri●s Tom. ● . p 372. TAM A PRINCIPE QVAM 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 a Bochel●us Decreta Eccles. Gal. l. 5. Tit. 20. cap. 17. p. 901. Domino suo Catholicae Ecclesiae filio Clodoveo gloriosissimo Regi , omnes Sacerdotes quos ad Concilium venire jussistis ; quia●tanta 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 respondimus , ità ut si ea , quae nos statuimus , ETIAM VESTRO RECTA ESSE IVDICIO COMPROBATVR , TANTI CONSENSVS REGIS AC DOMINI MAJORIS AVTORITATEM SERVANDAM ( majori autoritate servandae , saith Surius ) tantorum FIRMET SENTENTIA Sacerdotum . This 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 devotissimi salutis vestrae procuratores , juxta parvitatem sensùs nostri , prout brevitas temporis permisit , b b Sur. Tom. 3 p. 402 , 415. SECVNDVM SANCTAM DEVOTIONEM ET ORDINATIONEM VESTRAM , de causis ad Religionem Christianam , nostrumque ministerium atque periculum pertinentibus ; necnon & de his quae ad nostram correctionem & emendationem pertinere perspeximus , sive de his , quae populis generaliter annuncianda & admonenda praevidimus , capitulatim in praecedentibus adnotavimus libellis , VESTRAEQVE SERENITATI LEGENDA , IMMO PROBANDA , OBTVLIMVS , &c. Et quanquam de his , quae praemissa sunt , vestro ardentissimo desiderio priùs satisfacere elegerimus , nequaquam tamen haec quae specialiter ad vestram personam , ministeriumque pertinere cognovimus , oblivioni tradimus , sed potiùs vestrae saluti prospicientes , nonnulla capitula necessaria in secundo hujus operis libello , ad nomen ministeriumque vestrum pertinentia , periculumque cavendum , solerti studio congessimus , & vobis familiariter admonitionis gratia , porrigenda devovimus ; ut ea diligenter inspiciendo , legendo & audiendo , apertè atque distinctè Vestra cognoscat Celsitudo , de quibus & pro quibus in memoratis conventibus nostris , secundùm virium nostrarum possibilitatem fideliter salubriterque egerimus . Hence this Councell humbly beseecheth these Princes , to establish divers things and Canons they propound unto them , in these supplicative words ; c c Ibid p. 405 , 406 , 407 , 408. l. 3. c. 8. to 27. Petimus humiliter Excellentiam vestram . Illud etiam specialiter necessarium Vestra suggerere Pietati duximus . Similiter etiam obnixè ac suppliciter vestrae Celsitudini suggerimus . Similiter & hoc à Vestra Pietate necessarium duximus expetendum . Illud quoque à vestra Pietate suppliciter flagitamus . Illud etiam obnixè Vestram sanctam piissimamque Devotionem suppliciter monendo deposcimus . Iterùm suppliciter admonendo vestrae suggerimus Serenitati . Postulamus etiam , ut Celsitudo vestra . Iterum monendo , Magnitudini vestrae suppliciter suggerimus . Similiter deposcimus . Rogamus etiam vestram Pietatem . Et hoc humiliter observando admonemus . d d Ibid. p. 385 And lib. 1. cap. 50. De observatione diei Dominicae . Quapropter specialiter atque humiliter à Sacerdotibus Imperialis Celsitudo flagitanda est , ut ejus à Deo ordinata potestas , ob honorem & reverentiam tanti dici , cunctis motum incutiat , nè in hac sancta & venerabile die mercatus , & placita , & ruralia quaeque opera , necnon & quaslibet corrigationes ullius conditionis homines facere praesumant . And it concludes thus , e e Ibid. p. 409. 420. lib. 3. cap. 27. Porro de Episcopali libertate , quam , Deo annuente , VESTRO QVE ADMINICVLO SVFFRAGANTE , adipisci ad Dei servitium peragendum cupimus , suo in tempore VOBIS DICENDA , ATQVE VOBISCVM CONFERENDA RESERVAVIMVS . By all which it appeares , that this Councell could decree nothing but by the Emperors License ; and that all their Canons and Decrees were vaine and abortive without his ratification of them . The Synod of Aquisgran ( or Aix ) under Ludovicus Pius , Anno 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 execution what they decreed , as these passages manifest ; f f Surius ibid. p 409 , 410 , 415 , 417 , 419 , 420 , 421. Ibi de statu sanctae Dei Ecclesiae AD MONENTE Serenissimo atque totius religionis devatissimo praefato Imperatore , tractare coepissemus . Revolutis igitur A VESTRA NOBIS benignissima devotione , COLLATIS TRIBVS CAPITVLIS , id est , VT VENTILARENTVR , &c. Vestrum siquidem nihilominus supplici admonitione & affectu charitatis excellentiam , admonente , si quae sunt Ecclesiastici juris VESTRA PIISSIMA GVBERNATIONE ERIGENDA , VT PER VOS , VESTROSQVE Christianae Religionis commilitiones SVBLEVENTVR , &c. g g Pars 〈◊〉 c 15 , 16. p. 415. Haec nos fideles & devotissimi famuli & Oratores vestri , juxta parvitatem sensus nostri , SECVNDVM SANCTAM ORDINATIONEM VESTRAM , de his quae ad nostram , & consacerdotorum subjectorumque nostrorum correctionem & emendationem pertinere perspeximus , &c. Sed nunc quia de his quae praemissa sunt , VESTRO ARDENTISSIMO DESIDERIO prius satisfacere studuimus : illud tamen quod ad vestram specialiter personam ministeriumque pertinere cognoscimus , nullatenus oblivioni tradidimus ; sed potius vestrae saluti prospicientes , nonnulla capitula necessaria fideliter collegimus , & VOBIS familiariter admonitionis gratia devoteque PORRIGENDA devovimus . Similiter quaedam ad filios vestros pertinentia , quaedam verò ad commilitones vestros non minùs pertinentia : Which Canons commonly begin thus , h h Pars 2. c. 5 , 6 , 11 , 12 , 13 , 16 25 Ibid. p. 417 , 419 , 420 , 421. Petimus humiliter vestram Excellentiam . Illud etiam specialiter necessarium vestrae suggerere Pietati duximus . Rogamus etiam vestram Pietatem propter divinam misericordiam , vestramque salutem . Et hoc humiliter admonemus . Innotescimus vobis , quod ea , quae IN CAPITVLIS VESTRIS NOBIS TRACTANDA COMMISISTIS , &c. Vestram intereà Deo amabilis Augustè petimus clementiam . Similiter est postulandum . Meminimus in posteriis conventibus nonnulla capitula ab Episcopis VESTRA ADMONITIONE FVISSE TRACTATA ATQVE STATVTA , pro necessitate & communi salute utrorumque ordinum Ecclesiasticorum scilicet & secularium , sed nescimus quibus impedientibus obstaculis quasi oblivioni tradita . Ideoque affectu devoto , supplici admonitione admonemus , & admonendo precamur , ne ista , quae nunc , licèt perpauca , praelibavimus ad statum sanctae Dei Ecclesiae , simili modo oblivioni tradantur , sed pro speculo omnibus inconvulsa habeantur atque conserventur , &c. The Synod of Mentz , under Rabanus Maurus , assembled by the command of Lodovicus Pius , sent all their Canons , with a Preface before them , to this Emperor ; wherein they have this notable passage touching Princes Jurisdiction Ecclesiasticall , i i Sur. Tom. 3. p. 422. De Christianis verò Regibus & Imperatoribus non necesse est aliqua exempla ponere ; cùm omnes qui rectae fidei & sani dogmatis fuerint , à Constantino Imperatore , qui primus Imperatorum Christianum Religionem defendere , atque honorem Ecclesiarum Dei amplificare coepit , NOTA. usque ad nos , semper in hoc studio solerter laboraverint , ut Ecclesia Dei pacem , & tranquillitatem haberet , quatenus cultus Dei incontaminatus foret , & servi ejus sine impedimento Deo delectabiliter deservirent . And at the end of their last k k Cap. 31. Ibid p 428. Canon , they conclude with this Petition to the Emperor , Haec verò quae VOBIS TRANSMISSA SVNT , PETIMVS , VT VESTRA AVTORITATE FIRMENTVR : Et si quis adversarius illis existere voluerit , praevalere non permittatur . Dei enim cooperatores vos esse debetis , & adjutores sanctae ejus Ecclesiae , quatenus Religio-Christiana incontaminatae temporibus regni vestri usque ad finem servetur . The Synod of Aix , under King Pepin , l l Sur Tom. 3. p. 4●1 , 492 , 493. sent the Canons and Admonitions they had made unto him , to read , approve , and execute , as the Preface and close of them , directed to him , manifest at large : Yea , lib. 3. cap. 27. they desire him , on their bended knees , that hee would look upon them with a favourable and acceptable 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 Aredon was confirmed with the Subscription of King Charles , and of all the Clerks and Lay-men present in it ; m m Sur. Tom. ● p. 453 , 454. Quod idem inclytus Princeps & caeteri quique tam Ecclesiastici quam EX LAICALI ORDINE QVI ADFVERVNT VIRI MANV PROPRIA FIRMAVERVNT . That not long before , in the Synod of Meaux , divers Canons , there recited , were decreed by the King , the Clergy , and Nobles : Nuper ab eodem devotissimo Principe , unà cum sacro Ecclesiastico Ordine , ET ILLVSTRIVM VIRORVM NOBILITATE DECRETA SVNT . These two Councells were in nature of Parliaments , the King and his Nobles being present , having voyces in them , and subscribing them as well as the Prelates . In the n n Sur. Ibid. p. 455 , 457. 459 , 460 , 461 , 467 , 468. 2 , 5 , 12 , 26 , to 44. 76 , to 83 , 88 , 89. Canons of the Synod of Melden , wee find nothing but Supplications and Petitions to the King , to decree , and ratifie the things comprised in them : Petimus , suggerendum est , ut Regia magnificentia liberiorem libertatem Episcopis ad suum peragendum in corum parochiis ministerium , quàm hactenus habuissent , tribuat . Vt Principes juxta decreta Canonum per singulas provincias saltem bis aut semel in anno à Metropolitanis & Dioeoesanis Episcopis SYNODICE CONVENIRI CONCEDANT : ( Therefore they cannot doe it without their license . ) Vt Regia Majestas observare praecipiat , &c. Vt jus Ecclesiasticum & legem Canonicam nobis ita conservetis sicut Antecessores vestri . Vt Praecepta quae Avus & Pater vester Ecclesiis nobis commissis fecerunt & firmaverunt , stabilia conservaverunt , ETIAM VOS CONFIRMASTIS ET de caetero RATA CONSERVETIS . And they thus submit their Constitutions to the King , cap. 80. o o Ibid. p. 468. Haec vestrae Christianae Devotioni verbis & scriptis protulimus : Vt autem Capitula , quae Domino Mediatore communiter decrevistis ET MANV PROPRIA CONFIRMASTIS , & nunc observatores 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 ministerio oblatis , HOC DIPLOMA , SI COMPLACET , ADNECTATVR . All which , are so many Synodall resolutions , that Canons made in Councells 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 prudently propounded many things to bee defined and discussed therein , himselfe sitting there in person among the Bishops ; there being Lay-men likewise present in it ; The Canons in this Synod were made by this Kings direction and assent , and confirmed by his and the others voyces and Subscriptions . All which , these Passages of that Synod evidence : p p Sur. Tom. 3. p. 469 , 470 , 474. Ipse quoque Rex adesse dignatus est , ut non solùm devotione Ecclesiae se filium esse ostenderet , verum etiam sicubi opus esset , protectorem Regia potestate monstraret . Cum itaque Praesules diversarum Ecclesiarum PIO REGE MVLTA humiliter & prudenter PROPONENTE , tractassent potiùs quaedam quàm diffinivissent , &c. Parte Cleri quae praesens erat AC LAICORVM , bonum ei testimonium perhibente , &c. Statuit q q Ibid. cap. 4 , 8 , 9. p. 470. sancta Synodus ANNVENTE PIO PRINCIPE , ut idonei Legati dirigerentur , qui singulorum locorum statum solertissimè perscrutarentur ; & quae ipsi per se non valerent corrigere , judicio proximè futuri Concilij ET POTESTATI REGIAE REVELARENT . Obtentum est etiam à devotissimo Principe , ut incesti & quilibet alij perditi examen Episcoporum refugientes , per Judices publicos ad corum praesentiam deducantur , nè alterius illicebram peccandi nutriat impunitas vitiorum . Postremo praefixum est ab omnibus generaliter custodiendum ; NE VILLAE RES ECCLESIASTICAE ABSQVE REGIS COHIBENTIA COMMVTENTVR . ( A strong Canon in the behalfe of the Kings Ecclesiasticall Jurisdiction . ) Et sic cunctis secundum regulam Ecclesiasticam 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 CANONICA , PERPETVO inconvulsae & inviolabiliter permansura FIRMARI . The Councell of r r Sur. Tom. 3. p. 475. 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 defensioni omnino suppliciter postulamus , EJVSDEM PII PRINCIPIS AVTORITATE MVNIRI : Under which they annex the Edict of Constantine for the confirmation of the Judgements and Constitutions of Bishops . In the Synod of s s Sur. Tom. 3. p. 480 , 482 , 483. 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 Canons , humbly desired him to ratifie , and to correct sundry abuses which they complained of : Which the King , PRAESENTIBVS OPTIMATIBVS SVIS , in the presence of his Nobles , ratified , both by word of mouth , and Royall Sanctions , beginning with a Statuimus , Sancimus ; and concluding thus : Haec olim saepe inculcata ET AVGVSTALI SANCTIONE NOSTRA PROMVLGATA , quia ex parte in aliquibus videntur neglecta hactenus , acriori ulcisci debuerant examine , &c. This Synod being in truth a Parliament , as the relation of it manifests . The t t Sur. Tom. 3. p 486 , 489. Councell of Pistis , Anno 863. under King Charles the Bald , is thus prefaced , Carolus gratia Dei Rex , & Episcopi , Abbates quoque & COMITES , ac caeteri in Christo renati FIDELES ex diversis Provinciis , &c. convenimus : Which proves , that Nobles and other Lay-men were present at it . Besides , it makes mention , that the Constitutions of the Councell of Valens were made with the consent of that Councell , by the Kings Precept , and by him commanded 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 u Ibid. p. 491. 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 COMMVNI CONSENSV DECREVIMVS , ea conditione servatà , ut omnis in cunctis Ordinibus Lex Juris debiti , & honor ab omnibus obedienter & fideliter cooperante Domino conservetur , Post haec omnia relicta & collaudata COMMVNI CONSENSV DECREVIMVS , &c. The Councell of Wormes , Anno 868. assembled by the command of King Lodovick , applaudes this Princes great devotion , and care for Religion , in these termes , x x Sur. Tom. 3. p. 520. Cujus tanta erga Deum devotio extat , ut non solùm in rebus humanis , VERVM ETIAM IN CAVSIS DIVINIS MAXIMAM SEMPER SOLLICITVDINEM GERAT : The Acts of which Councell were approved by him , The eighth generall Councell of Constantinople was y y Sur. Tom. 3. p. 538 , 539 , 543 , 544. confirmed 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 replyed , Omnibus placent quae lecta sunt : Omnes eisdem ipsis concordamus , omnes ita praedicamus ; omnes concinentes & consentientes prompte subscribimus ▪ After which they all subscribed ; and then the Emperors in the last place subscribed in this manner , Basilius , 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 ANTES , SVBSCRIPSIMVS MANV PROPRIA . In the Councell of Friburg , Anno 895. z z Sur. Tom. 3. p. 555 , 556 , 558. Arnulphus the Emperor sate chiefe President : In which were present not onely Bishops and Abbats , but likewise all the Princes and Nobles of the Empire , with innumerable troops of Clergy-men and Lay-men , who all confirmed the Acts and Decrees thereof with their Subscriptions : Haec Subscriptio sacro-sanctae venerabili professione & condigna responsione innumerabilium circumstantium Presbyterorum ac Diaconorum , necnon & NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPROBATA ; as Surius relates it . In the great a a Sessio 4. to 37. Surius Tom. 3. p. 774 , 775 , 776 , 777 , 778 , 787 , 788 , 789 , 794 , 798 , 802 , 817 , 821 , 823 , 830 , 831 , 833 , 852 , 923 , to 930. Councell 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 Petition 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 Session manifests , and sundry Passages in that Councell prove at large . In the Councell of Basil , not onely b b Sessio 1. Surius Tom. 4. p. 2 , 5. Sess. 8 , 9. p. 27. Sess. 13 , 14. p. 39 , 40 , 41 , 42. Sess. 19. p. 56 Sess 24. p. 70 , 71 , 72 , 153 , to 262. 325. to 364. divers 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 Imperatore , in habitu Imperiali , by the assistance of the Emperor , who sate in that Councell in his Imperiall Robes , and confirmed the Acts and Decrees thereof with his golden Bulls and Edicts . In this Councell , many Epistles of the 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 enjoyned to bee strictly observed : both which Acts are recorded at large by c c Decret. Eccles. Gal lib. 5. Tit. 20. cap. 38 , 39. p. 905 , 906. Bochellus , where hee who listeth may peruse them . In the Councell of Ferrara , d d Sur. Tom. 4 p 366 , 369 , 370 373 , 374 , 376 , 378 , 383 , 386 , 392 , 407 , 418. Joannes Palaeologus Emperor of Constantinople , sate as chiefe President , 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 prosequemur . e e Sess. 7. Sur. ibid p. 392. Imperator . Quisnam est Autor hujus voluminis ? And. Hermeus . Imper. Estne rationi congruum ●t in Synodo historiae innitantur ? And. Ad cognoscendum res gestas Serenissime Imperator , Historia uti debemus . Imp. Historiam illam in nostra 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 debemus , &c. Sed ( ut lubet ) Humanissime Imperator , omissis his , unde digressi sumus , revertamur . f f Sess. 11. ibid. p. 404. Imper. Dicat Cardinalis . g g Sess. 14 , 16. Ibid. p. 413 , 414 , 415. 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 h Sessio 17. Ibid. p. 413. to 419. Quoniam Imperator Mitissime , &c. after which followes a large Dialogue , in open Councell , between him and the Emperor ; in the close whereof , Imperatorem rogarunt , &c. Cui quidem sententiae Imperator acquiescens , voluit , ut statim disputatores ipsos seligerent , &c. In the 22. i i Ibid p. 442 , 443. Session of this Councell , the Emperor oft times speakes ; Haec ad propositum nequaquam spectare videntur , &c. Vt tibi Pater Ephesius morem gereret , huic questioni P. R. respondit . Verum in posterum ne verbum quidem de ea faciet , quandoquidem non tot de causis huc convenimus . De proposita Questione , necesse est , in praesentia disputare , de hac verò forsan alias . Ita quoque Nobis videtur . De hac Questione suo loco videbimus . Session 23. John the Popes Disputant saith , k k Ibid. p. 448. 449 , 453 , 454 , 455 , 456 , 457. 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 commanded another Session to be held : Jussit ut iterum Sessio haberetur . And in the l l Ibid. p. 457. to 470. last 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 Councell ; 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 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 Latine , 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 first m m Sur. Tom. 4. p. 366. Session of this great Councell 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 divers n n Sur. Tom. 4. p. 542 , 543 , 551 , 553 , 562 , 571 , 584 , 585 , 595 , 596 , 597 , 598 , 623 , 624 , 647 , 653 , 668 , 689 , 690 , 691 , 694 , 695. Ambassadors , 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 , Stanislaus and John Dukes of Mazovia and Russia , sent Orators and Ambassadors to this Councell , with like Commissions under their Seales , to ratifie all things therin concluded in their steads ; recorded at large by o o Ibid. p. 595. to 599. 607. to 611 , 624 , 653 , 662 , 691 , 692. 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 Marquesse 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 Christian Kings and Princes ratified them , by their Ambassadors , Orators , and Proctors , if absent from ; or by their Subscriptions and Seals , if present in them . In the p p Thomas Walsingham Ypodigma Neustriae . An. 1245 pag. 60. Councell of Lyons , Anno 1245. foure Noble-men chosen and sent by the King and Parliament of England , were present as Ambassadors : And the Bishops sent by the Church of England to the generall Councell of Pisa , Anno 1409. were elected and chosen by the whole Clergy of England , in their Convocation . q q Idem An. 1409. p. 173. See Roger Hoveden . An. 1179. p. 581. Eadwer . Hist. Novorum . l. 5. p. ●24 & Jo● Seldeni Notae Ib p. 213 , 〈◊〉 . In the Councell of Basil , King Henry the Sixth of England had fourteene Ambassadors , Orators , Proctors , to whom 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 therein 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 Orthodox Faith , and the Pacification of Kings and Princes ; as also of , and concerning 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 Councell : 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 Letters Patents themselves , dated the tenth of July , are recorded verbatim by r r Ad Eadmerum Notae . p. 214. Master Selden , out of the Tables of France , 12. H. 6. memb. 2. A sufficient Testimony , that it belongs to Christian Princes , by themselves , their Ambassadors , 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 disavowed divers of the Canons of the Councell of Trent , as prejudiciall to the Crown , Royall Justice , and liberty of the Church of France ; as s s Decreta Eccles. Gal. l. 5. Tit. 20. cap. 43 , 44 , 45. p. 907. to 918. Bochellus relates at full . To conclude with Forraigne Presidents : The Conclusions , Constitutions , and Determinations of that late famous Synod of Dort , were ratified by the generall approbations and Edict of the Estates of the Low-Countries , under their hands and Seale : t t Acta Synodi . pag. 325 , 326 , 327. Visis , cognitis , & maturè examinatis atque expensis , praedicto judicio & sententia Synodi ( say they , in their Charter of Approbation , ) ista plenè in omnibus approbavimus , confirmavimus , & rata habuimus ; 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 , Nobles , and Parliaments assents and approbations : That all , or most of our ancient Councells , Synods , Convocations , were a a Syelmanni Con●● . p. 5. 9. nought else but Parliaments ; wherein our Kings , Nobles , Senators , and Commons were personally present , as well as Bishops or Clergy-men : And that all matters concerning Religion , Church-Government , Ceremonies , with all binding Lawes , Canons , Articles relating thereunto , 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 , that b b Spelmanni Concil. p. 34. Jac Vsser . De Britannie . Eccles. Primord . cap 6 pag. 101. Harrison . Descript. of Brit. l. 1. c. 9. Guliel . Lombard . Arch. Godwin . Of the Conversion of Brit. p. 33 , 34. Holinshed , Fox , and others . King 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 , whereby to governe his people , ( then newly converted to Christ , ) the modest Pope returned him this answer ; You have requested the Romane and Caesarean Lawes to bee transmitted to you from Vs , 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 Testaments ; out of them , by Gods grace , PER CONSILIVM REGNI VESTRI , SVME LEGEM ; By the Councell of Your Realme , ( not of your Clergy or Prelates ) take a Law ; and by it , through Gods power , You may governe Your Realm of Britain : For You are Gods Vicar ( as c c Lib. 1. c. 8. l. 2. c. 14. Rex , cum sit DEI VICARIVS . Selden . Analect . l. 1. c. 6. Jac. Vsser . De Brit. Eccles. Primordiis . p. 104. Bracton likewise stiles our Kings ) in Your Realme , &c. Lo here the Pope himselfe resolves , the King and great Councell of this Realme ( the Parliament , not Clergy or Convocation ) to bee the only proper makers of Lawes to govern the Church and Kingdom by .

Anno 446. d d Beda Eccles. Hist. l. 1. cap. 17. Matth. Westm. Anno 446. Spelman . Concil. p. 8. cum aliis . Germanus and Lupus , two learned Bishops , being sent hither out of France , to suppresse the spreading , dangerous Pelagian Heresie , there was upon this occasion a Synod assembled at Verolam ; whereunto , a numerous multitude of men , together with their wives and children , repaired : ADERAT POPVLVS , EXPECTABATVR FVTVRVS IVDEX , The People were present , & expected to be the future Judge : Adstabant partes , dispari conditione consimiles . Indè divina fides ; hinc humana praesumptio : indè Christus ; hinc Pelagius , autor perversae pravitatis , &c. After a long dispute , Vanity is convinced , confounded ; perfidiousnesse refuted , being unable to answer the objections . POPVLVS ARBITER vix manus continet , JVDICIVM CVM CLAMORE CONTESTANDO , &c. The People being Arbitrator , scarce hold their hands , GIVING IVDGEMENT with a shout : These things thus acted , an innumerable company of both Sexes were converted to the Lord. In this first Synod , that wee read of , held within our Island , the People were present , as well as the Clergy , and that not only as Auditors , but Judges , giving the finall Sentence in this great controversie concerning Religion .

Anno 449. There was another e e Beda Eccles. Hist. l 1. c. 21. Matth. Westm Anno 449. Spelman . pag. 49. British Councell , held by the said Germanus and Severus , MAGNOQVE Clericorum ET LAICORVM NVMERO , and a great number of Clergy-men and LAY-MEN , against the reviving Errors of Pelagius , and King Vortigerne 's incestuous marriage with his daughter ; OMNIVMQVE SENTENTIA pravitatum perversitas cum suis Autoribus condemnatur : So that the Laity , as well as the Clergy , gave Sentence in this Synod against this Heresie and the Authors of it . Nennius cap. 37. addes of this Councell , concerning Vortigerne , Dum conventa esset magna Synodus Clericorum ET LAICORVM in uno Concilio , &c. Ipse Rex maledictus est , & damnatur à beato Germano , & OMNI CONCILIO BRITONVM . So that Lay-men were present , and gave sentence together with the Clergy , in this second Synod held in this our Isle .

About the yeare 612. f f Beda Eccles. Hist. l. 2. cap. 5. King Ethelbert , Genti suae Decreta Judiciorum ( as well in Ecclesiasticall as Temporall causes , ) juxta exempla Romanorum , CVM CONCILIO SAPENTVM INSTITVIT , &c. as Beda witnesseth .

About the yeare 627. g g Beda Eccles. Hist. l. 2. c. 12 , 13 , 14. Huntingdon . Hist. l. 3. p. 1328 Edwin King of Northumberland being perswaded to become a Christian , returned this answer , That he was about to conferre with his friends and COVNSELLORS concerning this thing , and that if they would agree in opinion with him , they would all be consecrated to Christ together in the Fountaine of life : Hee did as hee had said ; Habito enim CVM SAPIENTIBVS CONCILIO , For , holding a Councell with his wise-men , hee demanded severally of them all , What this Doctrine , which they had not hitherto heard of , and the new worship of the Deity which was preached , seemed to them ? And after some debate , Coifi declaring his opinion , that their former Religion had no vertue in it , and that the Christian was farre better , and to bee imbraced ; the rest of the Elders and Kings Counsellors concurred in opinion with him : Whereupon they resolved forthwith to anathematize , and burne with fire , the Altars and Temples they had consecrated , without fruit , with the Idols in them : Which done , King Edwin , with all the Nobles of his Nation , and very many of the common people , imbraced the Christian Faith , and were Baptized . Leo here , a Pagan King and his Parliament determine the Christian Religion to be truest ; and thereupon renounce their former Idolatry , and resolve to embrace the Christian Faith .

In the yeare 663. there was a great Councell held at h h Beda Eccles. Hist. l. 3. cap. 25. Matth. Westm. Anno 663. Fox Acts & Mon 1610. p. 111 , 112 , Speeds History of great Brit. p. 295 , 296. Spelm. Concil. p. 146. to 150. with infinite others . Strenaeshale , to decide the controversie concerning the due time of keeping Easter : in which Councell , King Oswey and his sonne Alfred , with MANY NOBLES , Bishops , Clerks , and LAY-MEN were present . Colman and his Scottish Clergy maintained , that it ought to bee kept after the Jewish computation : Agilbert and his party held the contrary ; that it ought to bee observed at the time the Westerne Church solemnized it . The Councell being sate , King Oswey , who presided in it , before any debate of the Controversie , made a solemne Speech unto them , to this effect ; ( necessary for our times . ) That it behoved those who served one God , to hold one rule of living , and serving him ; and not to differ in the celebration of heavenly Sacraments , since they all expected one Kingdome in heaven : Therefore they should rather inquire , which was the truer tradition , and that this should bee commonly followed by all . Which said , hee commanded Bishop Colman to relate what Rite it was which hee observed , and whence it derived its originall : Which Colman doing , the King then commanded Bishop Wilfrid , who was of the contrary party , to declare his opinion , and the grounds of it ; which hee did : After long debate on either side , the King gave sentence for Wilfreds opinion , against Colman and his party , because St. Peter , who had the custody of Heaven Gates , did ( by Colmans owne confession ) keep Easter as Wilfred held they ought to doe . The King giving this resolution with his hands lifted up to heaven ; faverunt assidentes quique sive astantes majores , unà cum mediocribus , et abdicata minus perfecta institutione , ad ea quae meliora cognoverant sese transferre festinabant : all the great and meane Persons sitting and standing by concuring with the King , gave sentence against Coleman for Wilfred , and observed Easter accordingly ever after in their practice . Here we finde the Clergy men only the debaters , but the King , Nobles , and Commons the sole Judges and Resolvers of this Controversie , and that in a most eminent generall Nationall Councell .

Anno 673. there was a Councell held at Hertford under Theodor Archbishop of Canterbury , praesentibus Episcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writes i i Matthew Westm. et Flor. Wigorn An. 673. Mathew Westminster , at which all the Bishops , Kings and great men of England were present . All these sitting together , Theodor propounded some Chapters ( or Canons concerning Church affaires ) before Them all , which were afterwards assented to and subscribed .

Anno 684. k k Florentius . Wigorn. Anno 884. p. 254. There was a Councell held neare the River of Alne sub praesentia Regis Egfridi : in the presence of King Egfrid , who sate president in it .

Anno 692. King Ina made and published sundry notable ecclesiasticall laws concerning Religion & Church government , l l Gul. Lambardi : Archaion Spelman-Concil . p. 182. 183. Seldens Titles of honor : part 2. c. 5. Sect. 6. p. 632. and that in a Parliament or Councell , wherein the King , Nobels , Senators , and Elders of the people were present , as well as Bishops and Clergy men , Witnesse this preface to those Lawes of his .

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

m m Spelmanni Concilia . p. 189. 191. Anno 694. there was a great Councell held at Becanceld , wherein Withred King of Kent sate President , and Bertuald Archbishop of Britain , with Toby Bishop of Rochester , the Abbats , Abbesses , Presbiters , Deacons , DVKES , EARLES , all assembled together , deliberating about the state of the Churches in England . The King subscribed the Lawes there made for the liberties of the Church , in this manner . Ego Withredus auxilio Christi his Legibus constitutis Rex , pro Mo et Werburga Regina , itemque pro filio nostro Arico subscripsi .

Anno 697. there was a n n Spelman Concil. p. 194. Councell held at Berghamsted in the 5th . yeare of the Reigne of Withred King of Kent , under Birtuald the high Priest of Britanny , Gybmund Bishop of Rochester , and all the Ecclesiasticall Orders , qui cum viris utique militaribus humanissimè et communi omnium assensu has l●ges decrevre , Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas , edixere The Lawes are 28. in number , all concerning Ecclesiasticall matters , and are stiled in the Saxon Copy , Juditia Withredi , made in a Councel at Berghamsted , praesentibus omnibus Ordinibus illius gentis , cum viris quibusdam militaribus . So that this was no other but a Parliament , wherein the King , Nobles , Commons and Souldiers were present , as well as the Bishops , promulging and con●enting to these Lawes .

About the yeare 712 o o Spelman . p. 〈◊〉 . ●ae King of Westsex , assembled a great Councell of all his Bishops , PRINCES , NOBLES , EARLES , AND OF ALL THE WISEMEN , ALDERMEN , AND COMMONS OF THE WHOL REALM , wherein he made certain Ecclesiasticall Lawes concerning mariages , to suppresse all fornication and uncleanesse ; Exhortatione & doctrina , & per COMMVNE CONCILIVM & ASSENSVM OMNIVM Episcoporum & OMNIVM ALDERMANNORVM , PRINCIPVM , PRO●ERVM , COMITVM , & OMNIVM SAPIENTVM SENIORVM , & POPVLORVM TOTIVS REGNI ; ( or MVLTAQVE CONGREGATIONE SERVORVM DEI ) as some others render it .

About the yeare 714 p p Beda Eccles. Hist. l. 21 , 22 , Spelm Concil. p. ●26 . Naitan King of Picts , received a letter from Abbot Celfred concerning the time of celebrating Easter , and Priests tonsure ; which he desired the King to cause to be observed throughout the Nation , over which God had made him Kings the King hereupon assembled a Councell of learned men , and of his Nobles ; and reading the said letter before them ; Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV , kneled downe upon his knees , giving thanks to God , that he had deserved to receive such a gift from the Land of England ; and professed , that he would have this forme of keeping Easter , and tonsure to be perpetually observed throughout his Realme : which was presently commanded by a royall Edict , to be put in publique execution and was accordingly performed .

Anno 724. There was a q q Antiqu. Eccles. B●it . p. 〈◊〉 , 20. Synod held in Northumberland , by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie . About foure yeares after , there was another Councell held at Worcester under Archbishop Bertuald by Pope Constantines advise , not only of Religious persons ; Sed etiam regni Procerum , But likewise of the Nobles of the Realme . r r Wil. Mat●esbur de Gest. Angliae Pontisel . 1. p. 197. Antiqu. Eccles. Bri● p. 12

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

The Ecclesiasticall Canons in the Councell of Calchyth , s s Spelman● Concil. p. 242 ●45 : Anno 787. were made and confirmed by Offa King of Mercians , and the secular Princes and Senators of the Land therein assembled , as well as by the Ecclesiasticall Persons : Convenerunt Omnes Principes regionis ●tam Ecclesiastici quam Seculares &c. Tam REX QVAM PRINCIPESSVI , t t Spelmanni Concil p. 293 300 , 301 CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT .

Anno 7●9 . a a Math. Wostm : Anno 789 Pope Alrians Legates held a Councell at Chalchyth ; where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield , and Offa King of Mercians , who sate chiefe in it , caused his Sonne Egfride to be crowned King , it being in truth a Parliament , as well as a Synod , antiently and yet stiled a COVNCELL .

Anno 793 u u Spelman Concil. p. 31● . King Offa held a Councell at Verolam with Archbishop Humbert and his suffragans ; ET PRINCIPIBVS SVIS VNIVERSIS , and all his Princes ; where they consulted about , and resolved to build an Abbey to Saint A●ban , and to endow it with great priviledges , and that the King should goe to Rome about it , which he did ; Iuxta sententiam praedicti Concilii .

Anno 794. at the x x Spelman ; Concil. p. 313. 714. great Councell of Celichyth , there were present 9. Kings , 15. Bishops , and 20. Dukes , wherein the Reliques of Saint Alban were elevated , adorned , and a Monastery sounded to enshrine his bones : And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Verolam : REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras , et possessiones innumeras , Monachorum quoque conventum ad tumbam congregavit , &c.

y y Bonifac. Mog . Epist. 112. Seldens Titles of Honour , part . 1. c. 5. p. 631. Cyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz , una cum Episcopis meis , neenon CVM CATERVA SATRAPARVM ; to settle matters of Religion .

In the z z Spelman Concil. p. 318. Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos , DVCES , Abbates , & CVJVSCVNQVE ORDINISVIROS : there were severall Canons made concerning matters of faith and the lands and revenue of the Church .

At the a a Spelman Concil . p. 327. 328. Synod of Celichyth held on the sixth of August An. 816. under Kenulf King of Mercians , there were not onely Bishops , Abbots , Priests , and Deacons present in it , but the King himselfe cum suis Principibus , Ducibus & Optimatibus ; with his Princes , Dukes , Nobles , who made and published 11. Canons concerning matters of saith and Church affaires .

Anno 822. there was a b b Spelman p. 332. Synodall Councell held at Clovesho under king Beornulfe , wherein this king sate President ; Archbishop Wilfred , with the rest of the Bishops and Abbots ; OMNIVMQVE DIGNITATVM OPTIMATIBVS Ecclesiasticarum scil. : & SAECVLARIVM PERSONARVM , being present in it , debated such things as concerned the profit and necessity of Churches , the rule and observance of a Monasticall life , and likewise the stability of the Realme . A cleare evidence it was both a Parliament and Synod too .

Anno 824. There was another c c Spelman p. 334 , 335 Synodall Assembly held at Clovesho under the same king Beornulfe , and Wulfred Archbishop of Canterbury ; assidentibus Episcopis , Abbatibus , & PRINCIPIBVS . MERCIORVM VNIVERSIS & MVLTI SAPIENTISSIMI VIRI CONGREGATI : to determine certaine Controversies , and settle the lands of the Church , which they did accordingly ; the Acts of this Councell were subscribed by the king , his Dukes , & Nobles , as , well as by the Bishops as you may see in the close of it .

Anno 833. there was a e e Ingulphi Hist p. 855. 859. Spelman Concil. p. 336. to 340. Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum , a Cauncell of all England : wherein were present Egbert King of West-Saxons , and Withlasius King of Mercians both the Archbishops of England , with the Bishops and Nobles . In which they con●●ted not 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 finde f f 〈…〉 p. 340 Concilium 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 excommunication , and curses to the infringers of them . About which time g g ●lector Boetius l. 10. Spel. p. 340 , 341 , 342. Keneth king of Scots , compiled and published certain Ecclesiasticall Lawes , intermixed with temporall , made in a Parliamentary Councell , not an Episcopall Synod .

h h 〈…〉 p. 858. Spelmanni Concil. p 344. Anno 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 under this King about the same year , â Praelatis & Proceribus Regni sub Bertolpho 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. k k Mala 〈…〉 l. 2. c. 2. ●ngulphi . hist. Math. Westm . An. 854. Flocentius Wigorni his An. 855. ●p. l. p. 348. 350. Seldens Titles of Honour p. 633. c. 5 sect. 6 p. 633. There was a generall Councel of all England held at Winchester , Concilium V●ntoniae Pan-anglicum 5. Nov: Judic . 4. celebratum , praesentibus Aethelwulfo Rege Westsaxoniae , Beorredo Rege Merciae , & Edmundo Rege East-Anglorum , una cum Archiepiscopis Cantuariae , & Eborum , caeterisque totius Angliae Episcopis & Magnatibus ; in which King Aethelwulph by his 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 , re●non Beorredo Rege Merciae & Edmundo Eastanglorum Rege , Abbatum , & Abbatissarum , Ducum , Comitium , Procerumquetotius terrae , aliorumque fidelium infintia multitudine , qui omnes Regium Chirographum landaverunt , Dignitates vero sua nomina subscripserunt . These Councels therefore were no other but Parliaments .

The l l Spelman Concil. p. 363 Lambardi Archaion . Ecclesiasticall Lawes of king Alured Anno 887. were made in Parliament , and not in a Synod of Bishops ; Ex Consulto Sapientum ; Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex , prudent●ssimeram è nostris confilio usus sum , atque eis omnibus placuit edici eorum observationem ; saith the Praeface to his Lawes .

The m m Spelman p. 375. Lamb. Archaion . Ecclesiasticall Lawes of Alured ( or Alfred ) and Guthurne were accorded in a Councell , wherein these Kings and their people made a League .

King Edward the elder n n Spelman p 387. Math. Westm . Anno 〈◊〉 Matinsh . de Gestis Regu● Angl. l 2. c 13. Antiqu Eccles. Brit. p. 19 20 , 43. upon the letter of Pope Formosus ; congregavit Synodum SENATORVM , PROCERVM , POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus . Tum sibi Rex cum suis , & Plegmundus Archiepiscopus salubre consilium iniverunt , and constituted and elected five Bishops in the Province of the Gevisi , where there were but two Bishopricks formerly , dividing those two Bishopricks into five , by a Parliament , not Synod .

The Ecclesiasticall Lawes of King o o Lambard . Archaion . Spelman p. 390. Edward the elder and Guthurne An. 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 & Guthurnus Reges illis ipsis temporibus tulere , cum Pacis foedus Daci & Angli ferierunt ac sese mutuo an●plexi sunt ; quae postea a SAPIENTIBVS recitata saepius , atque ad communem Regni utilitatem aucta , atque amplificata sunt .

The p p Lamberd Archa 3. n. Spelman p. 396. 410. Ecclesiasticall Lawes of King Aethelstan An. 928. were made in 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 of q q Spelman p. 408. Hoel Dha the good King of all Wales , 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 Lawes r r Lambardi Archaion . Spelman p. 419. 421. 423. 424. of King Edmund Anno 944. were made in a 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 frequentia studiose requisivisse , quo tandem pacto Christiana proveheretur fides . Atque NOBIS OMNIBVS commodissimum visum est . Edmundus Rex congregavit magnam Synodum Dei ordinis & SECVLI apud London &c. Ego Edmundus Rex mando & praecipio omni populo seniorum ac juvenum qui in regione mea sunt , ea quae investigans investigovi cum sapientibus Clericis & LAICIS .

Anno 948. s s Ingulphi hist. p. 874. Spelman Concil. p. 428. Mr. Selden● Titles of Honour part . 2. c. 5. p. 633. There was a Councell as well of Lords and great men as Bishops and Abbots held in London . In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi , Episcopi , ac Abbate ; quam caeteri totius Regni Proceres & Optimates Londoniis convenissent , ad tractandum de negotiis publicis totius regni , consummatis Omnibus , the K. in this Parlia . granted a large Charter of lands & priviledges to the Abbey of Croyland : this Councell therefore was certainly no other but a Parliament .

t t Spelman p. 431. An. 952. Ed●arus Rex tandem potior , emvocate ad Brandenfordiam Regni Concilio , Patris Edwini acta & decreta rescindit ; Ablatas Ecclesiis & Monasteriis opes restituit , &c. This no doubt was a Parliament .

King E●gars Ecclesiasticall Lawes An. 967. have this Prologue which proves them made in full Parliament , v v Lamberdi Arehaion . Spelman p. 419. 424. Leges quas Edgarus Rex FREQVENTI SENATV , ad Dei gloriam , regiae Majestatis ornamentum , ac Reipublicae utilitatem sanciunt . Hoc est institutum quod Edgarus Rex Consilio Sapientum suorum instituit , &c.

Anno. 973. I finde a Councell held at x x Spelman p. 483. London 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 , CONCILIO OMNIVM PRIMATVM MEORVM ; subscribed by himselfe and Alfgina his Mother , Edward Clito his successor , Kmedius King of Scotland , Mascusus his Admirall , Dunstan Archbishop of Canterbury , Oswald Archbishop of Yorke , caeterisque Episcopis & OMNIBVS Regni PRIMATIBVS , with others of his officers .

In the Councell of y y Spelman p. 49● . Matth. 〈◊〉 An. 975. Winchester 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 TOTIUS REGNS , were present to decide this difference .

In the Councell of Calne Anno 977. called for the same purpose , there were present z z Hoveden Annal. pars prior . An. 977 p. 427. Hu●indon . hist. l. 5. p. 357 Antiqu. Eccl. Brit. p 59 , 60 Spelman p. 494. Horent . Wigorninesis an 977. p. 361 Fox Acts and Monuments p. 433. praeter Episcopes & caeterum clerum , TOTIVS Angliae Majores Natu : Omnes aderant Aaglorum Optimates , Rege tamen ( propter teneram aetatem ) absente : There were at it , Praesules , PROCERES , EQVITES , NOBILES PARITER & IGNOBILES , Omnium ordinum conspicui , clarique viri , write our Historians .

Anno 1005. a a Spelman p. 504 , 507 , 508 599. King Aethelred granted Lands and priviledges to the Monkes of Christ-Church in Canterbury by his Charter , confirmed and subscribed in a Parliamentall Councell , as well by his Nobles , as Prelates and Abbots , as you may read in the subscriptions themselves .

Anno 1009. b b Spelman p. ●10 513. 525. 529. Malm. De Gestis Regum l. 2. c. 11. There was a generall Councell at Eanham , Concilium Aenhamense generale seu Pan-anglieum Optimatibus celebratum : In this Councell there were thirty two Canons made , which begin thus , Haec sunt Constitutiones quaetulerunt Angli eruditi , eligerunt etiam & edixerunt , instanterque docuerunt observandas . This ( writes Spelman ) was doubtlesse a Parliament , Regium fuisse certum est Aenhamense Concilium , tum quod edicto Regis cogebatur , & de rebus statuit ad ecclesiasticos non pertinentibus , tum quod in festo habebatur Pentecostes , in quibus celebritatibus convocare Reges ex antiqun consuentudine , soliti orant Proceres suos utriusque ordinis ad festum Regium adornandum , & consilia Regni ineunda : yet its decrees are stiled SYNODALIA .

The Ecclesiasticall lawes of king Aethelred Anno 1012. have this Inscription , c c ●ambardi Archaion . Spelman p. 530. Haec instituerunt Rex Aethelredus , & SAPIENTES ejus apud Habam They were made in full Parliament , not in a Convocation of the Clergy , and intermixed with secular Lawes .

The Councell of Winton under Canutus Anno 1021. begins thus , d d Spelman p. 534. Haec sunt statuta Canuti Regis Anglorum , &c. Venerando sapientum ejus Concilio , ad laudem & gloriam Dei , & sui regalitatem , & commune commodum . Rex Canutus anno regni sui 5. cunctos regni sui Praelatos , Proceresque ac Magnas ces ad suum convocans Parliamentum , in suo publico Parliamento , persistentibitpersonaliter in eodem Wolstano & Adelnodo A chiepiscopis , & Ailwine Episcope Elmhamense , & alijs Episcopis , ipsorum Suff aganeis , septem Ducibus , cum totidem Comitibus , nec non diversorum Monasteriorum , nounullis Abbatibus , cum quamplurimis gregarijs Militibus , ac cum populi multitudine copiosae , ac omnibus tunc in eodem Parliamento personaliter existentibus , votis Regijs unanimiter consentientibus , praeceptum & decretum fuit . Quod monasterium , sancti Edmundi , &c. sit ab omni jurisdictione Episcoporum Comitatus illius , ex tunc in perpetuum funditus liberum & exemptum , &c. This Councell was clearely a PARLIAMENT and so expresly stiled .

The e e Lambar ; Archai : Spelman , p. 539. 552 , 566. Ecclesiasticall Laws of K. Knute , An. 1032. were made in Parliament , not in Convocation , as appeares by this proaeme . Consultum quod Canutus Aaglorum , Dacorum & Norvegiensium Rex , ex SAPIENTUM CONCILIO ad Dei immortalis Gloriam , Regiae Majestatis ornamentum , & Reip: utilitatem , Natalatijs Domini Nostri Jesu Christi diebus , Vintoniae sancivit : the Laws are in number 26. and intermixt with his secular Lawes made at the same time , Haec illa humana , atque politica sunt Jura , quae Sapientum adhibito consilio , per omnem Aagliam observari praecipio . So as this Councell clearely was a Parliament , not a Synod or Convocation .

Anno 1066. There was a most famous f f Spelman : Concilia p. 627 , 631. Councell or Assembly held at 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 , caterisque Angliae Episcopis , Abbatibus , Capellanis Regis , COMITIBUS , MINISTRIS [ seu Thanis ] Regijs , & MILITIBUS , about the endowment , priviledges , and Sanctuary of Westminster Abby , then newly re-edified and consecrated : 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 Constitutions that were obligatory or binding , as well concerning matters of faith , Church-Government , discipline , as manners , were ever made , enacted , ratified in and by our Parliaments only , and not by the Bishops , or Clergy alone , or by the King and Clergy in meere Ecclesiasticall Synods , without the Nobles , Senators ; and Commons consents or Votes . Neither finde I any example or Author from King Lucius his Reigne to the Conquest , that either denyed the legislative 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 * * Bish: Iewels defence of the Apology , part 6 : c. 2. p. 645 Leges Si Edwardi : c. 17. Lambardi Archaton Fox Acts and Monuments , Vol 1. p. 214. Cooks : 5 Rep. De tura Regis Ecclesiast: fao William the Conqueror as he was resolved in a Full Councell and Parliament , to bee Christs Vicar , and chiefe Governour of the Church within this Realme in these words ; * * 〈…〉 p. 168. Rex , quia Vicarius summi regis est , ad hoc constituitur , ut regnum & Populum Domini , & super omina SANCTAM ECCLESI MREGAT ET DEFENDAT , &c. taken out of King Edward the Confessors Lawes , ( which he established and ratified ; ) * * 〈…〉 memb: 〈◊〉 Num: 5 〈◊〉 5 Seldeni 〈◊〉 merum : 〈◊〉 p. 168. Hist: of tithes c. 14. Sect. 1. ●ax Acts and Monuments l. 3. p. 135. ● . 1. p. 154. so he reformed the Ecclesiasticall Lawes and Canons of the Church in and by a Common Councell , and Parliament , as well of the Nobles , and Commons , as of the Prelates and Clergy , as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury : WILLIELMUS Rex Angliae DE COMMUNI CONCILIO , Archiepiscoporum Abbatum , & OMNIUM PROCERUM REGNI SUI , Leges Episcopales , quae non berè , nec secundum Sanctorum Canonum praeceptae , fuerunt , sicut nec sunt his diebus , OBSERV AND AS IN CONCUSSE JUDICAVERIT , &c. And by this his rescript to Remigius Bishop of Lincolne , WILLIELMUS , Gratia Dei , * * ●●bardi Arch non Jo: 〈◊〉 : ad Ead●●rum , Notae p. 173 , 189. &c. Sciatis vos omnes , & caeteri mei fideles , qui in Angliamanent , 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 Episcoporum & Abbatum , & OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI . Proptereamando , & Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus , de legibus Episcopalibus amplius in HUNDRET placita toneant , &c.

In the f f Math: 〈◊〉 An : 1073. p. 5. Sigebertus Gemb : Ch●onog : An: 1073 1●74 . Antiqu●tates Reeles : Brit : p. 96. 97. Councell of Rhoan , 1073. 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 g Hist. Novotum lib: 1. p. 6. 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 President in a generall Councell of Bishops assembled together , to decree , or prohibite any thing , but such things as were suitable to his will , and had first been ordained by himselfe .

In the Councell of h h Malmesb : dr Gestis Pon●●f : Anglōrum p : 214. 215. London under Lanfranks , 1075. An. 1075. Concessum est Regia MUNIFICENTIA , Synodali authoritate , Episcopis , de villis transire ad Civitates : By the Kings Royall munificence and the authority of the Synod , liberty was granted to Bishops , to remove from the Villages wherein they resided unto Cities : whereupon Herman Bishop of Schiroburne , removed to Salisbury . Stigand from Selescia removed to Chichester , Peter from Litehfield , removed to Chester , 1093. the King ratifying the constitution of the Synod , and ordering this removeall .

An. 1093. King i i Eadmerus Hist: Noverum : lib. 1. p. 26. to 31. William Rufus assembled a Councell of his Bishops , Abbots , 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 violate ? ( A weighty question surely of a loyall Prelate ; ) The Bishops , Abbots , and Nobility of the whole Kingdome almost , Ex Regia Sanctione , assembled at Rochingham 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 , LAICORUM 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 defet●ed till after Whitsuntide .

In the Councell of London under Lanfranke summoned by King William Rufus , Anno 1095. Vlstan 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 , saith k k Historia Angl. p. 190. Matthew Paris , the King sitting chiefe president in it .

In the Councell l l Hadmerue Histor: Novorum l. 3. p. 6● . Willielmu● Malm●●bury de Gestis pontif . Anglorum l. 1. p 228. 〈◊〉 Annal. pars prior p. 469. Math. Westm. An. 1102. p. 23. Antiquitares Ecclesiae Brit. p. 104 105. 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 requesting it of the King , Primates Regni , the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR , SJC ENIM NECSSE ERAT , quum multis retre annis Synodali cultura cessante , viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat , which they thus preface out of Anselmes owne Copy and relation .

Anno m m Jotnal : Histor Antiqui : Ecclesiae Brit. p. 105. 1102. quarto autem Praesulatus Paschalis Summi Pontificis , tertio 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 mariage and Wives , which when Giraldns Archbishop of Yorks , enjoyned his Clergie to observe ; all the Clergie of his Province refused to submit to them , being 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 sortirentur That those Canons should not obtaine the force and power of Lawes .

Anno. 1107. another n n Matth. Pa●is Histor Angl. Anno 1107. p. 25. 26. Roger ●oveden Annal. pars 1. p. 60. Eadmerus Hist: Novorum l. 4. p. 91. 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 multitudine , ac per Consilium Anselmi et Procerum Regni , the Commons standing by him , by the Councell of A●selme , and of the great men of the Realme . This Councell then was a Parliament , and this Canon assented to , both by the Commons , Peeres , and King , ●o make it valid .

Not long after this King o o Eadmerus Hist. l. 4. p. 94. 95. Haec sunt statuta de Archid●aconibus● &c. qua Dominicae incarnat A●iouis 1108. statue●●nt Ansel . Co●tuar●ensis Archiepiscoput , Thomas Ebor , acensi● Archiepisco●us electus & cum eo alii Episcopi Anglia● In presentia gloriosi Regis , Henrici , essensu Comitum et Baronum suo●um , ●atutum est 〈◊〉 Regeni Haveden Anal● pars prior p. 472. Henry the first summoned another Councell about Easter , ad Curiam suam apud Londoniam cunctis Majoribus Regni , having assembled to his Court at London , not only his Archbishops and Bishops , but all the great men of his 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 Bishops of England , Decreed in the presence of the said Glorious King Henry , Assensu omnium Baronum suorum , with the assent of all his Barons , that Priests and Deacons should live 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 obligatory . 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 1114 p p Eadmerus Hist. l. 5. p. 114 , 115. 116. 〈◊〉 p. 49 , 50 , 51. 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 celebrate 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 together 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 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 * * A meere ●orgery and untruth , See Section ● . no Councells ought to be summoned or kept without the privity of the Bishop of Rome : and for translating Bishops without his consent . Which letters much offending the Kings mind , he sent his Nuntioes by common consent , to Rome , to give the Pope an answer , and justifie his proceedings herein , as warranted by his Royall Prerogative .

The same q q Eadmer●● Ibidem p. 117. yeare upon the thirteenth of Aprill , there was an Assembly held at Salisbury , 1114. 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 : In r r Ibid. p. 1●8 . August following one Anselm the Archbish. of Canterburyes kinsman came from Rome to King Henry , being then in Normandie , bringing the Popes Letters , which authorized 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 , Abbots , 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 Novelty . 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 Raigne s s Eadmerus Hist. Novorum l. 3. p. 58. Guido 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 , Note . being received as a Legate by no man , nor exercising the Office of a Legate , in any thing . t t Eadmerus Hist. l. 6. p. 137. 138. 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 conduct 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 declared 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 : moreover 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 〈…〉 lived ; whereof this was one of the chiefest and greatest , that hee made the kingdome of England free from all Legatine power . Whereunto Peter affented , 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 , v●a 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 in those dayes , 1125. who became an intollerable vexation , oppression to it in succeeding 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 , Cuminumera Cleri & Populi multitudine , with an innumerable multitude of the Clergie and people , who were present at it : as the Continuer u u An. 1125 p. 499 , 500. See R●ger Hoveden Annal: parspr●orp . 478 Math: Westm: Anno : 1125. p. 31. Mathew Paris , An : 1125 p. 67. Henry Huntindon Hist. l. 7. p. 382. Cum eadem di●●●●pus Christi con●ecisset Meretrice post Vesperam interceptuo est . Res apertissima negari non potuit , celari non decuit , Summ● honor ubique habitus in summum dedecus versus est , &c. write our Popish , Monke● . See John Bale , his Acts of English Votaries Holingshe●d , Speed and others . of Florentius Wigorniensis records , Among other things it was there decreed , that Priests should not from thence forth marry : That no married man should be made a Priest , and that those Priests who were married , should be either devorced from their wives or deprived of their livings ; Iohn de Crema there alleaging . That it was an unseemely 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 Author of them , knowing him to be a leacherous companion , watched him so narrowly , 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 excuse 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 alleadged , 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 Where s , or other mens , as this lecherous Legate did .

In the yeare of our Lord 1127. y y Continuatio ad Florentium Wigorni●sem p. 503. 504. 505. William 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 Councell it selfe by the consent of the Bishops , At they were there publikely Recited 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 Concilii gestis consensum prebuit , authoritate Regia et potestatate conceffit et confirmavit Sta●ta Concili , &c. Having heard the Acts of the Councel read the K. assented to 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 Westminster .

Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton , z z Continuatio●●● Flore●tium Wigorniensem p. 519 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 Robert 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 Wincelcombe , and of Saint Maries in Yorke , being then vacant .

The same yeare there was a Councell held at a a Roger Hoveden An●al . pars prior An. 1138. p. 485. London , wherein , Theobald was chosen Arch-bishop of Canterbury , Annuente Rege , by the Kings consent .

Anno 1139. There was a Councell kept at b b Hoveden Ibid. Anno 1139 484. Winchester under Henry Bishop of Winchester , the Kings Brother and Legate to the Pope , where Theobald Archbishop of Canterbury and all the Bishops there present , ad pedes Regis devoluti sunt , &c. cast themselves downe at the Kings feet , most devoutly and earn estly beseeching him , to restore Roger Bishop of Salisbury and Alexander 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 .

In c c Mathew Westm. Anno 1142. p. 28. Mathew . Paris An. 1142. p. 76 Roger Hoveden , Anno 1142. p. 488. Gulielmus Neubrigensis l. 1. c. 18. p. 27 the yeare of our Lord 1142. William Bishop of Lincolne , as some record or , William , or Henry Bishop of Winchester as others calhim , held a Councell at London , at which King Stephen was present ; where in it was decreed , et Generaliter constitutum , and generally ordained . That he who violated a Church or Churchyard , or laid violent hands on any Priest or Religious person ; should be excommunicated , and not absolved , but by the Pope . The King , ( writes Nubrigensis ) Concilio Benigne interfuit , et favoris Regij Suffragium non negavit , was graciously present at the Councell , and denied not the suffrage o●his royall savor to its constitutions ; which without his confirmation had beene of no validitle . By vertue of which constitution ratified in this manner d d Artic. Cler. c. 3 , 22 As● . 70. 11. H. 4 , 88 , 20 : E , 4 , 10 , b. 22 , E. 4 , 20 , 12 H 7. 22 , 23 C. ●4 . report f●o Fitz. Na: Br●s : 51 , k , 52 , m. 53. ● 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 Prohibition could legally be granted to stay the proceedings there .

Anno e e Antiqu: Eccles Bri● p , 117 : 1152. There was a Synod held at London under Theobald Archbishop 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 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 .

Anno 1159. There was a great f f Nubrigensis Hist. l. 2 , c , 9 , p. 112. 113. 113. See Ioannis Marius , Zaberel : & Theodoricus a Niem de Schismate . Scisme at Rome betweene Pope Alexander and Victor , concerning the Papacie , hereupon Frederick the Emperor assembled by his Writ the Bishops of Italie and Germanie together to Papia , to Councell , where the Emperor , his Dukes and Captaines were present : who swaying the Councell , Victor , to whom the Emperor inclined , was elected and declared to be the true Pope , and successor of Peter , and sentence given against Alexander by a Generall decree , as against a Scismaticke and rebell to God . Amplexus 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 being 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 Cremensis on Victors part , and by Gulielmus Papiensis on Alexanders side ; In conspectu Regum , & Praesulum , coram universa quae convenerat multitudine cleri et opuli : 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 departing with confusion and shame , Our Princes and Prelates ( Principes et Pontifices ) 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 severall 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 decrees of both Councells , So when there was a former Schisme between Clement & Vrban , concerning the Title of the Papacie , g g Eadmerus Hist. Novorum l. 2. p. 23 33. William 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 h h Eadmerus Hist. l. 2. p. 25 , 26 , 27 , 28 , 29 30 , 31 , 32. part 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 Traitor that should deprive him of this right , which his Ancestors claimed and enjoyed .

An. 1170. at the i i Gulielmns Nubrigensis Rer. Angl. l. 1. c. 25. request of King Hen: the 2d . two Cardinalls , Albert , and Theodine were sent into France from Rome , who having called a great Assembly 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 .

Anno 1175. k k Hoveden Annal. pars . posterior An. 1175. p. 542. Speeds Hist. of great Britaine p. 521. Richard Archbishop of Canterbury kept a great Councell at Westminster , 1175 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 .

In the same yeare l l Hoveden ib. p. 546. , 547. Antiquitates Ecclesiae Brit. p. 94 , 95. King Henry the Father called another Councell at Windesore eight dayes after Michaelmas ; 1175 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 m Hoveden ibid. An. 1176 p. 548 , 549 , 550. King Henry the second assembled and held a great Councell at Nottingham , 1176 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 which n n See Eadmerus hist. Novor● . l. 4. p. 97 l. 5. p. 139 , to 135. Malmesbury de Gestis Pontif. Anglor : l. 3. p. 272 273. Roger Archbishop of York replyed ; That the Bishop of Glascow and of Candida Casa , or Whitterne , had in the time of his Predecessors been subject 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 .

Anno 1176. Hugo Cardinalis o o Annal. part posterior An. 1176. p , 550 ( Hoveden stiles him Hugozun ) the Popes Legate by the Kings permission and asistance called a generall Councell at London , 1176 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 Chappell 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 Archbishop 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 complained to the King of the injuries done unto them . So Hoveden . p p Hist. l. 3. c. 1. p 210 , 211. Gulielmus Nubrigensis relates the story in these words , When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of Canterbury and Yorke to London , to celebrate a Councell of all England 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 Praecedencie , and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours . In conclusion , Yorke comming soonest , praeoccupied 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 preoccupying of his place , as if he suffered prejudice , refused the second seate . Whereupon 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 Councell was not celebrated , but dissipated , and they who had assembled as called forth to a Councell , returned to their own homes . q q In vita Richardi . p , 125 , 126 Matthew 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 England 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 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 Provinces 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 under 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 having 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 pronounced a blessing , sodainly dissolved so unluckie a Councell , and appealled Canterbury to the Pope , as guilty of this battery : Yorke also did the like . At last Canterbury 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 Archbishop 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 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 .

Anno 1226. there was s s Math. Westm. Anno 1226 p. 118. 119. 126. Math Paris An 1226. p. 316. Antiquitates Ecclesiae Brit. pi 153. 154. 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 , & La●corum Turbis and Troops of Laymen : when they were all assembled . Otho read the Popes letters to them before them all , in which the Pope alleaged , that it was a most ancient scandall and reproach to the Church of Rome , that she was branded for coveteousnesse the roote of all evill , and in this especially , that no men could expedite 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 Answere 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 services 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 t Math. Paris p. 319. Antiquitates Ecclesiae . Brit. p. 119. 120. To which the King conferring a part with some of the Nobles and Bishops , gave this Answer , that these things concern all Christendom , & because we are placed in the remotest parts of the world , when we shall see what other 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 presidents , it is evident , that Councells in those dayes were no other but Parliaments , the King , Nobles , and Commons being present in them , and that the Clergy alone could treat or conclude of nothing but by their concurring assents .

Anno 1231. There was a great Synod of v v Math. Paris . Hist. Angl. An. 1231. p. 359. Abbotts , Priors , Archdeacons with almost the whole Nobility , 1231. 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 Ecclesiasticall matte● as the Canonists deemed it , yet both King , Nobles , and Commons , as well as Abbots and Clergy-men were present at it , and called to it by the Popes command .

In the yeare of our Lord 1236. x x Matth. Paris An. 1136. p. 431 , 432 , 433. Math. Westm. An. n. 237. p. 146. Antiquitates Ecclesiae Brit. p. 163 , 164. there was a Councell of all the great men , Prelates and Clergie of the Realme summoned to meet at London by King Henry the third , 1236. 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 decree any thing against his Royall Crowne , and dignity . William Reele remained there to see this inhibition observed , the others departed . The next day folowing , the Legate supported with divine assistance & astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present , to conserve 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. 1288 y y Antiquit. Ecclesiae Brit. p. 205. Se loannis de Aton Constit . Provinciales f. 139 , 131. John Peckam Archbishop of Canterbury held a Provinciall 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 , that the Archbishop wholy receeded from his presumption , 1296 and the Councell being dissolved , all the Prelates returned frustrate of their hope .

31. An. 1296. z z Antiquit. Eccl●siae Brit. p. 209 , 210 , 211. Matthew Westminster An. 1295 , 1296 , 1297. p. 408. 409. 410. Thomas Washingham Ypodigma Neustriae . An. 1296 , 1297. 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 without the Popes privity and consent . A right loyall Constitution worthy Prelates . 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 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 presumption : ) 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 sufficiently 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 thereupon a a See Fox Acts and Monuments p. 388. Bishop Iewels defence of the Apology of the Church of England , part . 6. c. 2. divis . 1. p. 522 habito Rex cum suis Baronibus Parliamento & Clero . excluso , Statutum est , &c. thrust the Clergie out of the Parliament , 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 constitution , which being made onely by the Clergy , and not ratified by King and Parliament , was held but a meere idle nullity , and audacious disobedient attempt , obliging neither King nor subject .

Anno 1418. b b Antiquitates Ecclesiae Brit. p. 314 , 315. A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury : 1418 Where upon the motion of Robert Guilbert 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 , having a respect of their degree and profession , according to the value of the living . This Constitution being propounded in the Congregation in the University 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 opposed , ) 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 Vniversities , because not then confirmed by the 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 presidents 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 , first c c See Sir Edw: Cookes Institutes on Magna Charta c. 1. Matthew Paris , p. 53. 249 , 296. granted by King Henry the first , King Henry the 1. and 2. ratified 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 granted 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 a d d Matthew Paris , p. 96. 97 , 98 , 99. See Eadmerus , Houeden , Hollingshed , Speed Daniel , in the life of King Henry the 2d . and Antiqu. Ecclesiae Brit : and Godwin , in the life of Becket . Parliament held at Clarindon , by King Henry the 2d . his command , who was there present ; where all the Archbishops , Bishops , Abbotts , Priors , Earles , Barons , Nobles , and great men of the Realm , made a Recognition or Recerd of part of the Customes and Liberties of the Kings Ancestors ; to wit , of King Henry the first , and others , which ought to be observed and kept by all men in the Realm , by reason of the dissention , and discords frequently emerging 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 given 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 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 accused shall be such that no man will or dares to accuse , the Sheriffe being required 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 resorting to him , ) that so he may doe right concerning him ; and see that what appertaineth to the Kings Court , shall be there determined , and that what belongeth to the Ecclesiasticall Court may bee sent unto it , that it may bethere 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 excommunicate 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 party 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 diminution of Members , or unto death .

12. When an Archbishopricke , Bishopricke , or Abbey , or Priory shall become 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 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 shal be 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 exceedingly with fasting and corporall pennace , yea he suspended himself from the office 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 without the Kings license into Flanders , and from thence repaired to Pope Alexander 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 , * * Matthew Paris ibid. Praecipio tibi , quod si aliquis Clericus vel Laicus in Baliva tua , Romanam curiam appellaverit , eum capias , & firmiter teneas , donec voluntatem meam praecipiam , & omnes reditus Clericorum Archiepiscopi & possessiones saiseas in manum meam . Et omnium Clericorum qui cum Archiepiscopo sunt , Patres , Matres , Fratres , & Sorores ; Nepotes & Neptes , pones per salvos plegios , & catalla eorum , donec voluntatem meam inde praecipiam . Et hoc Breve tecum afferas , cum summonitus fueris Gilberto quoque que Londonensi Episcopo scripsit in haec verba . Nosti quam malè Thomas Cantuariensis Archiepiscopus operatus est adversum mo & regnum meum , & quam malè recesserit ; Et ideo mando tibi quod Clerici sui , qui detraxerunt honori meo & regni , qui circa●psum fuerunt , post fugam suam , non percipiant aliquid de reditibus suis quos habuerunt in Episcopatu tuo , nisi per me , nec habeant aliquod auxilium vel consilium a●te , Item Justitiariis suis significavit per literas sub hac forma . Si quis inventus fuerit ferens literas Domini Papae vel mandatum , aut Thomae Archiepiscopt , continens interdictum Christianitatis in Anglia , capiatur & retinetur , donec inde voluntatem meam praecipiam ; Item , nullus Clericus , Monachus , Canonicus vel conversus , vel alicujus 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 Archiepiscopum , neque aliquod placitum ex eorum mandato teneatur , neque aliquod mandatum eorum in Anglia recipiatur , & si quis tenuexit , vel receperit , vel tractaverit , capiatur & retineatur ; Si Episcopi , Abbates , Clerici , vel Laici sententiam interdicti tenuerunt , sine dilatione a terra eijciantur & tota eorum Cognatio , Ita quod nihil de catallis suis secum ferant , sed catalla eorum & possessiones in manu nostra saisiantur ; Omnes Clerici , qui reditus habent , in Anglia , sint summoniti per omnes comitatus , ut infra tres Menses praecise ad reditus suos , sicut diligunt eos & amant , in Angliam redeant . Et si ad terminum praefixum non venerint , reditus eorum in manu nostra saisiantur . Episcopt Londoniensis & Norioensis summoneantur , quod sint eoram Justiciariis Nostris ad rectum faciendum , quod contra Statuta Regni , interdixerunt terram Hugonis Comitis , & in ipsum sententiam Anathematis intulerunt Denarii beati Petri colligantur , & serventur , quousque inde vobis Dominus Rex voluntatem suam praeceperit , Ecclesiam praeterea Cantuariensem , & omnia bona Archiepiscopi Rex , et suorum , consiscari praecepit . Et quod in nullius historiae legitur serie , totam ejus congnationem exilio ascriptam addixit , sine delectu conditionis , sexus aut aetatis . Et cum Ecclesia Catholica , oret pro haereticis , schismatieis & perfidis Judaeis , prohibitum est a Rege , ne quis Archiepiscopum , orationum suffragiis adjuvaret . Such Ecclesiasticall jurisdiction did the King then exercise .

To what an unfortunate end this opposition brought this Archbishop Becket , our Historians at large record , and I have f f The Antipathy of the English Lordly Prelacy &c. part . 1. p. 17. to 29. else-where manifested .

In King Henry the 3. his Raign , K. Henry 3. I finde these severall printed Acts of Parliament made concerning the Church , Bishops , Abbots , Clergymen , and Ecclesiasticall 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 . K. Edw. 1. 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. 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 , K. Edw. 2. I meet with the Statute of A●ticuli 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 , K. Edw. 3. I finde very many Statutes concerning 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 proceeded to temporall matters and grievances : the very Statute of Magna Charta , having the same prologue wherein you may discerne this method pursued , 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 usurpations as the cause of all plagues . 50 E. 3. num. 46 , 47. complaining against the Canons of the Clergy , and 47 E. 3. num. 24. against Ordinaries incroaching upon the civill Iurisdiction .

To proceed to King Richard the second , K. Rich. 2. 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 certain 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 ● . Rich. 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 abuses , 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 accords , that our holy Mother the Church of England have all her Liberties whole and unhurt , and the same fully enjoy and use . 7 Rich. 2. hath the same prologue , c. 8. the like confirmation of the Churches priviledges , and c. 12. prohibits Provisions from Rome . 8 Rich. 2. hath the like preface , and enacts in the first chapter . That holy Church have all her liberties , 9. R. 2. c , 4. 5. concerns Ordinaries , Priors dative , and 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 prohibits 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 provides 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 . K. Henry 4.

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. prohibits 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 P●amunire : and Cap. 15. provides for the suppression of Sectaries , hereticall Preachers , Conventicles , heriticall Bookes , Schooles , and preservation of the Catholique 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 Religion 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 , Chalices , and ornaments of holy Church , 6. H. 4. c. 1. prohibits provisions and the payment of first fruits , or exacted fees to Rome , under forfeiture of all their estates who offend herein , 7. H. 4. c. 6. inhibits Religious persons under paine of a Praemunire , to procure any exemption from payment of Tithes or any provisions from the Pope , 9. H. 4. c. 8. forbids provisions and translations from the Pope under 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 Aliens , K. Henry 5. 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 reformation of them after the lawes of the holy Church : Cap. 3. grants a prohibition 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 Heresy , forseit their Lands and goods , and be burned . 2. H. 5. Parl. 2. c. 2. limits the wages of Curates and Parish Priests , 3. H. 5. c. 1. enacts , that holy Church have all her liberties and franchsies C. 3. concerns Abbots and Priors , C. 4. inhibits provisions from Rome under a Premiarie , C. 8. concernes Probate of Wills and r●gulates exorbitant fees for procuring them , C. 6. forbids the promotions of Irishmen 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 , K. Henry 6. 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 principle holy dayes , as a great prophanation of them , 28. H. 6. begins , To the honour 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 . K. Ed. 4. 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

King Richard the 3d. prefaceth the Acts of his first Parliament in his 1. yeare thus . K. Rich. 3. 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 : K. Henry 7. and Cap. 4. enables Archbishops , Bishops , 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 . K. Henry 8. 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 Wi●s , taking of mortuaries by Priests or others , against Pluralities of Benefices , and taking of farmes by spirituall men , All of Ecclesiasticall Cognisance , 22. H. 8. c. 15. containes 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 excellently sets forth the Kings supremacy as well in and over Ecclesiasticall causes and persons , as temporall ( as you may read at large in the Act it selfe ) denying , 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 & Convocation to the King ; declares the Kings supremacy in causes Ecclesiasticall , the impotency of the Clergy , or Convocation to make or promulge any Canons , or Ecclesiasticall constituti●ns , or to debate any thing in Convocation without his Royall Lycence and approbation : The Nullity and invalidity of the Canon Law : abolisheth all appeales to Rome ; and Authorizeth 32. persons , whereof halfe to be of the Clergy , the other halfe of THE LAITY , to survay the Canon Law , and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act , for to be the only Canon Law , to be used within this Realme , Chap. 20. takes away the payment of any Annates o● first fruits to the Bishop of Rome , nullifies his usurped power , and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme , and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires , chap. 21. doth the like : exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome , and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme , which were formerly granted at Rome only . The Statute is worthy perusall , consideration , fully demonstrating the power of the Parliament in Church affaires . 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ , making it a part of his Royall Title , and to have Ecclesiasticall authority to redresse and reforme all Errors , Heresies and abuses in the Church , punishable by any spirituall or ecclesiasticall Law . Chap. 3. enacts ; The payment of the first fruits of all Dignities , Benefices , promotions spirituall , and tenthes to the King and his Heires , abolishing the Popes usurpations and authority herein , ch. 13. abolisheth sanctuarie in cases of High Treason . ch. 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme , and both creates and limits their authority . chap. 15. takes away some exactions of spirituall men , within the Archdeaconry of Richmond , 27. H. 8. c. 8. limits , that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch. 15. authorizeth the King to nominate 32. persons halfe of the Clergy , the other of the Laity for the perusall and making of Ecclesiasticall Lawes , and manifests the Convocations invalidity to make such lawes or Canons , ch. 19. Limiteth and abolisheth Sanctuaries , and sanctuary persons , ch. 20. containes an Order touching the paying of Tithes throughout the Realme : ch. 21. Limits the maner of payment of Tythes within the City of London ch . 27. suppresseth divers Monasteries , Priories and Religious Houses , vesteth their revenues in the King , and erects the Court of Augmentations . 28. H. 8. ch . 10. extinguisheth thes authority of the Bishop of Rome , prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority , in matters ecclesiasticall as you may read in the Act , worthy perusall ch. 11. enacts , Restitution of the first fruits in time of vacation to the next incumbent , ch. 13. compells spirituall persons to residence upon their livings , ch. 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome , 31. H 8. c. 6. enables such as were Religious persons to purchase lands , & to sue and be sued in al maner of Actions , which they were disabled formerly to do by the Common & Canon Law , ch. 9. Enables the King to make Bishops by his Letters Patents only , and to erect new Bishopricks , which he did , ch. 13. disolves all Monasteries and religious Houses and vests them in the King , wherein you may behold much of the Kings and Parliaments power in Church businesses , ch. 14. For abolishing of diversity of opinions in matters of Religion ; most fully and exactly demonstrates ; the Kings and Parliaments jurisdictions in matters of Religion , as the whole Act sufficiently manifests , though the Articles therein defined were erronious , and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests , and of women offending with them , ch. 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards , ch. 15. prescribes the manner of proceeding against Heretickes , and impugners of the Act , for abolishing of enormious opinions in Christian Religion , chap. 23 , 24. concernes Accounts of Bishops , and subsidies granted by the Clergie , chap. 25. Dispences the Kings marriage with the Lady Iane , chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem , in England , and Ireland , for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome , contrary to their duty and Allegiance , chap. 26. Intitled , An act concerning true opinions , and Declaration of Christs Religion , is most pregnant to our present purpose , which you may peruse , chap. 38. Concerning precontracts of marriages and degrees of consanguinity , is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power , and chap , 44. 45 , 47. good evidences of it , 33. H. 8. chap. 15. 27 , 28 , 29 , 30 , 31 , 32. Enabling Religious persons to sue and bee sued ; severing the Bishopricks of CHESTER , and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke : making the Church of Whitgate a Popish Church by it selfe , and severing it from the Parish of Over ; ( which I wish our Independents to observe , and to learne from this and other Acts , that no new Churches or Parishes can be erected legally but by act of Parliament , which none of their Churches are ) 34. and 35. H. 8. c. 1. intituled ; An act for The advancement of true Religion and For the abolishing of the contrary , is most pertinent to our purpose , and c. 15. 17 , 19 , 35. H. 8. c. 9. for ratification of the Kings stile , and Title of Defender of the Faith , and supreame head of the Church of England , and Ireland , ch . 6. Concerning the qualification of the Statute of the 6. Articles , c. 16. concerning the examination of the Canon Lawes , by 32. persons , halfe of the Clergie , and halfe of the temporalty , to be named by the Kings Majesty , during his life , to compile a body of the Canon Law to bee used in the Realme , 37. H. 8. c. 4. 12. but especially , ch. 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction , though Laymen , and married ( a Law worthy reading ) and chap. 21. For the union of Churches not exceeding the value of 5l . ( which could not be done but by Act of Parliament ) are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline , Religion , Church-government , and all Church affaires whatsoever .

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

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

In Queen Elizabeths happy Raigne , Q. Elizabeth . there are sundry Statutes abundantly manifesting her own , and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion , Church-government , Discipline , &c. as namely , 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL & SPIRITVALL , and abolishing all fortaigne power repugnant to the same : which gives the Queen , her heires and successors , all manner of Ecclesiasticall Iurisdiction , in , and over all Ecclesiasticall persons and causes , and power to correct , redresse , and reform all manner of HERESIE , SCHISME , ERRORS , ABVSES & OFFENCES ECCLESIASTICALL : prescribes the oath of Supremacy ( which all are to take and most Independents have formerly taken ) wherein , they do utterly , testifie and declare in their consciences , that the Queen and her Successours are the onely supreame Governours of this Realme , and other their Dommions , as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall , &c. which jurisdiction of theirs , they sweare to their power to assist and defend : Which oath if any refuse to take , hee shall forseit all his Ecclesiasticall promotions and temporall offices . This Act likewise abolisheth the Popes jurisdiction , under pain of a praemunire and other mulcts against the maintainers of it : It determines what shall be adjudged HERESIE and what not ; namely , Only such matter and cause as heretofore hath been determined ordered , and adjudged to be heresie , by the authority of the Canonicall Scriptures o● by the first foure generall-Councels , or any of them ; or by any other generall Councell wherein the same was declared heresie , by the expresse and plain words of the Canonicall Scripture , or such as hereafter shall be ordered , IVDGED , OR DETERMINED TO BE HERESIE , BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME ; with the assent of the Clergy in their Convocation : ( to wit , by way of assistance and advice cumulatively , not negatively , as if their assent were simply necessary . ) So as by this Act , the Parliament is made the sole proper Iudge , what is or shal be reputed & punished as heresie , what not , & how it shal be punished ; the highest point of Ecclesiasticall jurisdiction . Ch. 2. For the uniformity of Common prayer and service in the Church , and administration of the Sacraments , enjoyning conformity under temporall and Ecclesiasticall punishments , is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions . ch. 23. For the due executing of Writs , de Excommunicato capiendo , ch. 28. For translating of the Bible and divine Service into the Welch tongue . 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops , Bishops , and Ministers of this Realm , to be good , lawfull , and perfect : ratifying the Booke of common Prayer , and of Ordination , together with the Queens Soveraigne Ecclesiasticall Authority . 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome , chap. 8. Against Usury ch. 19. concerning Dilapidations , c. 12. To reforme certain disorders touching Ministers of the Church , ratifying the 39. Articles of Religion , and enjoyning subscription thereunto , under penalties , losse of Benefices and other Ecclesiasticall penalties , Limiting likewise the age of such who are to be made Ministers . ch. 17. Concerning the Leases of Benefices , and Ecclesiasticall livings with Cure . 18. Eliz. c. 6. Concerning the taking away of Clergy , &c. 23 Eliz. c. 1. To retain the Queens Majesties subjects in their due obedience , made against Jesuits , Semenary Priests , and others receiving Orders from Rome , and the harbourers of them , under capitall penalties . 27. Eliz. c. 2. Against Jesuits , Seminary Priests , and such other disobedient persons . 29. Eliz. c. 6. Concerning Recusants . 31. Eliz. c. 1. Against Symony . 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Church Service and Liturgie ; who are lyable to imprisonment , fines , and other penalties for it by the Law . ch. 2. For restraining Popish Recusants to some certaine plate of abode . 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne . ch. 22. Concerning the Bishop of Norwich , are plentifull evidences of what I plead for .

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

The Statutes in King Charles his Raigne , K. Charles . are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings & Parliaments , in all which we find , not onely severall Committees appointed concerning Religion ( frequent in all Queene Elizabeths and King James their Parliaments ) but also sundry Statutes concerning Religion and Church-matters ; as namely , 1 Carols c. 1. For punishing divers abuses committed on the Lords day . 3 Caroli c. 1. For further reformation of divers abuses on the Lords day , ch. 2. To restraine the passing or sending of any to be Popishly bred beyond the Seas . But the severall Acts , Ordinances and Proceedings of this present Parliament , concerning all matters of Religion , Church government , and Ecclesiasticall affaires , are presidents beyond all exception : The Acts already passed , For suppressing the High-Commission ; disabling any Clergy-man to meddle with any temporall offices , or to be Justices of Peace ; The taking away of Bishops Votes , and their sitting in the House of Peers . The severall Acts , Votes , Ordinances which have passed both House for abolishing all new Canons Plaralities Non-residence ; punishing of scandalous Ministers ; Sanctifying the Lords day ; Keeping of Monethly and other Fasts ; Celebrating speciall dayes of thanksgiving for sundry Discoveries & Victories : Prohibiting the printing of erroneous books : Suppressing Antinomians , Socinians , Anabaptists , and other Sectaries ; Abolishing all Innovations , Superstitions , Idolatreus pictures , Images , Altars , Copes , Tapers , Royals , &c. Payment of Tythes , Probate of Wills , Ordination of Ministers ; and above all , their nominating and convening an Assembly of conscientious , pious , reverend , learned , orthodox Divines , to assist them in reforming all errors and corruptions in Doctrine , Worship , Government , Discipline , and establishing such a pure Worship and Church-government in our Realme , as shal be most agreeable to Gods Word ( wherein they have made a large progresse already , the Directory for Worship being now finished ; and we expect a full accomplishment of this much desired Worke , ere long . ) All these , with infinite other particulars , are a most satisfactory and unanswerable evidence of the Parliaments jurisdiction , and Legislative power in all matters of Religion , Worship , Government , Discipline , and other Ecclesiasticall things or proceedings whatsoever : none of which have ever been settled among us in any age in a legall and obligatory way , but onely in and by Parliaments . I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines ; ( wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires , matters of Religion , and over the Assembly it selfe , ) together with the Instructions or Ruled prescribed to the Assembly ( which they have punctually observed , and submitted to ) not yet in print .

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

WHereas amongst the infinite blessings of Almighty God upon this Nation , none is , or can be more deate unto us , then the purity of our Religion , and for that as yet many things remaine in the Lyturgy , Discipline and Government of the Church , which doe necessarily require a further and more perfect reformation , then as yet hath been attained : And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parliament , that the present Church-Government by Archbishops , Bishops , their Chancellors Commissaries , Deanes Deanes and Chapters . Archdeacons , and other Ecclesiasticall Officers depending upon the Hierarchy , is evill and justly offensive and bu●thensome to the Kingdome , a great impediment to reformation and growth of Religion , and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same , shall be taken away , and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word , and most apt to procure and preserve the peace of the Church at home , and neerer agreement with the Church of Scotland , and other reformed Churches abroad , and for the better effecting hereof and for the vindicating , and clearing of the doctrine of the Church of England . from all false calumnies and aspersions , It is thought fit and necessary to call an Assembly of learned godly , and judicious Divines , who together with some members of both the Houses of Parliament are to consult and advise of such matters and things , touching the premises , as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses , when and as often as they shall be thereunto requited . Be it therefore ordained by the 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 Wharton , Edward Lord Howard of Estr . John Selden Esquite . Francis Rows Esquire , Edmund Prideaux Esqui●e , Sir Henry Vane Knight Senior , Iohn Glyn Esquire , Recorder of London , Iohn White Esquire , Bouldstrode Whi●locke Esquire , Humphrey 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 Ashwell Batchellor in Divinity , Oliver Boles of Sutton Batchellor in Divinity Henry Wilkinson of Waddesdon Batchellor in Divinity , Thomas Valentine of Chalsont Giles Batchellor in Divinity , D. William Twisse of Newbury ( with sundry other Divines mentioned in this Ordinance ) and such other person and persons , as shall be nominated and appointed by both Houses of Parliament , or so many of them as shall not be lefted by 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 respective dwellings , to meete and assemble themselves at Westminster in the Chapell called King Henry the sevenths Chappell on the first day of July in the yeare of our Lord , one thousand six hundred fort●y three : and after the first meeting , being at least of the number of forty , shal from time to time sit & be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed ; And the said persons , or so many of them as shall be so Assembled , or sit , shall have power and Authority , and are hereby likewise 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 aspertions and misconstructions . AS SHALL BE PROPOSED VNTO THEM BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT , AND NO OTHER , and to deliver their opinions and advices of or touching the matters aforesaid , as shall be most agreeable to the Word of God . TO BOTH OR EITHER OF THE SAID HOVSES , FROM TIME TO TIME , IN SVCH MANNER AND SORT , AS BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT , SHALL BE REQVIRED , and the same not to divulge by printing , writing , or otherwise , without the consent of both or either House of Parliament . And be it further ordained by the authority aforesaid , that William Twisse Doctor in Divinity , shall sit in the Chaire as Prolocutor of the said Assembly ; and if he happen to die or be letted by sickenesse or other necessary impediment , then such other person to be appointed in his place , as shall be agreed on , by both the said Houses of Parliament ; And in case , any difference of Opinion shall happen amongst the said persons so assembled , touching any the matters , that shall be proposed to them as aforesaid , that then they shall represent the same , together with the reasons thereof to both or either the said Houses respectively , to the end such further direction may be given therein , as shall be requisite in that 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 , during 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 Common-wealth , at such time and in such manner as by both Houses of Parliament shall be appointed . And be it further Ordained , that all and every the 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 damage which shall or may arise or grow by reason of any Non-residence or absence of them or any of them , from his or their , or any of their Church , Churches , or Cures , for , or in respect of their 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 person 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 Ordinance or any thing therein contained , shall not give unto the persons aforesaid 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 .

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 Rowberry , and Master Adoniran Byfeild .

3. Every Member at his first entrance into the Assembly , shall make a serious 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 p●rpounded .

5. What any man undertakes to prove as necessary , he shall make good out of the Scriptures .

6. No man to proceed in any dispute after the Prolocuter hath 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 Parliament by the Assembly ( not by any particular man or men in a private way ) when either House shall require it .

All things agreed 〈◊〉 and prepared for the Parliament , to be openly read and allowed in the Assembly ( if the major part assent . ) Provided that the opinion of any persons dissenting and the reasons urged for it , be annexed thereunto ( if the Dissenters require it ) Together with Solutions ( if any were ) given in the Assembly to these Reasons .

Jo: Browne Cler. Parliamentorum .

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

First , that all our ancient and moderne a a Crompton Iurisdiction f. 1. 2. Con● 4. Institut● p. 9. Writs for summoning a Parliament , have ever had this speciall clause in them . Pro quibusdam ardnis & ungentibus negotiis , Nos , statum , & defensionem Regni Angliae & ECCLESIAE ANGLICANAE , concernentibus , qu●ddam Parliamentum , &c. teneri ordinavaimus . From whence it is most apparent ; That the state and defence of the Church of England , and well ordering of the same , is one Principall end of summoning Parliaments and one maine part of the subject matters of our Parliaments , as Sir Edward Cooke resolves .

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

To give you some few remarkable instances ( besides those formerly remembred ) instead of infinite others , which I pretermit for brevity . Our famous English Apostle , b b Walsingham Hist Angliae p. 188. 204. to 210. 302. to 307. Fox Acts and Monuments vol. 1. p. 556. to 570. Iohn Wickelesse , as he professedly maintained in K. Richard the second his Raigne ; That any Clergy-man , yea the Pope himselfe , might lawfully be reprehended accused and corrected by Lay-men , That the temporall Lords and Princes might lawfully and meritoriously take the possessions and Revenues from the Church , and from Ecclesiasticall persons offending habitually , &c. to the end they might reforme them ; And that they were obliged to reforme the Church and Prelates , under paine of being traitours to Iesus Christ : So likewise in the fifth year of this King he c c Walsingham Hist. Angl. p. 302 , 303. Writ and sent to the Lords and great men assembled at London IN PARLIAMENT seven Propositions ; tending to the abolishing of the Popes usurped power and exactions ; to selfe the temporalities of Deli●●●ent Bishops ; to remove Bishops and Clergy-men from all secular imployments ; 〈◊〉 reforme the abuses of Excommunications , and imprisonments upon ( them ; ) to 〈◊〉 Transubstantiation , and reforme the Churches both to 〈…〉 the particulars whereof you may read at large in 〈◊〉 . And 〈◊〉 long after , his learned Disciple William 〈◊〉 ( a Marty● being unjustly condemned by the Bishop of Hereford for maintaining Wickliffes opinions , appealed to the King and Parliament against it ; and withall writ a pious d d Acts and Monuments vol. 1. p. 618 , 619 , 620. Letter to the Parliament ( recorded by Master Fox ) which concludes thus . Deare worshipfull Sirs in this world , Theseech you for Christs love as ye yet 〈◊〉 loven Gods Law and Truth ( that in these dayes is greatly borne abacke ) that they wollen vouchsafe these things that I send you written to Gods worship , to let them be shewed IN THE PARLIAMENT , as your wits can best conceive to most worship to our God , and to shewing of the truth , AND AMENDING OF HOLY CHVRCH . My conc●usions , and mine● appeale , and other true matters of Gods Law ( if any can finde in them error falsenesse or default , privet by the Law of Christ clearly to christian mens knowledge ) I shall revoke my wrong conceit , & by Gods law be amended ; more ready to hold with Gods law openly and privily with Gods grace , and nothing to hold , teach or maintain that is contrary to his Law . By which he made that very Parliament Iudges of his Doctrine had reformers of the Church , though for the most part Papists in those dayes .

On the contrary side , the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of haereticall opinions Preachers Bookes , Schooles , Conventi●les and the punishment and restraint of hereticks , sectaries , haereticall preachers and Schoolmasters ( as they deemed them ) and upon their prayer and importunity , the Statutes of 5. R. 2 〈…〉 5. ●2 H. 4. c. 15. ● H. 5. c. 7. ( to which the Commons never consented ▪ were made and 〈◊〉 to that purpose , as is evident by the very words of the Acts themselves ? Master Fox his Acts and Monuments vol. 1. Edi● 〈◊〉 p. 773. And it is as evident , that the Popish Commons Petition was the cause of the Statute of 25 H. 8. c. 14. For the punishment of heresie : and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament , the occasion of the bloudy Statue of 31 H. 8. c. 14. 34. H. c. 8. 1. as the words of the Acts , and Master Fox demonstrate : both King and Clergy , Nobles and Commons even in these times of Popery deeming our parliaments the meetest Iudges , and only lawgivers for ordering Church affaires and matters of Religion .

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

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

The Petitions to all the severall Parliaments in * * See Boanerges o● the Supplication of the Ministers of Scotland to the high Court of Parliament of England . Master Henry Burton his Israels Fast : the Epistle Dedicatory . The Petition of the Lincolnshi●e Ministers , &c. 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 reforme Religion , especially Church-government , set up the Ordinances and worship of God in their purity , and settle all matters of Doctrine , Discipline , Government by Act of Parliament as neere as might be to the word , by the assistance of a godly learned Assembly of Divines ; the daily calling of Ministers of all sorts upon , the Parliam . to pursue this work , the prayers of all piously affected to Almighty God both publickly and privately , to assist them extraordinarily from Heaven in this great weighty spirituall building ; together with the Assemblies submission of all their determinations to the Parliaments alteration , approbation or rejection , and the Independents own addresses , Petitions , & late tender of the reasons of their dissent from the Assembly to them ; is ( to my weak approbation ) a most irrefragable ▪ Argument and publicke acknowledgement of their undoubted right , and Legislative power in all Ecsiasticall affaires of what nature and quality soever ; and that all parties ought readily to submit to their just determinations in point of practise , and obedience in all these particulars , whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges .

There is no party or Sectary whatsoever , which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish , provided it suited fully with their particular way which they judge the truest and most consonant to Scripture : and if they should once authorize or settle the Independents ( hitherto concealed ) way , I am confident they would all preach universall obedience & submission to it , under pain of contumacy haeresie , schisme , and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets ; * * Redly to A. ● . p. 111. See my Brother Burtons Vindication , p. 44 , 45. 60 , 51 , 62. and that this their way , may reasonably ( yea and upon higher terms then of reason ) be thought in time , that it cannot but overthrow all other sorts of Ecclesiasticall Government , and stand up it selfe in their stead . If then every side be of this minde in case the Parliament determine for their party , then why should not all be willingly concluded & satisfied with what they shall rightly determine , be it for or against their way , since they have all appealled to their judgements alike ; which must either be altogether fruitlesse and un-obliging to any , or els indifferently binde all to voluntary or enforced conformity . Add to this , that all or most of our opposites in this point of Parliaments juri●diction and Legislative power in Ecclesiasticall matters , have freely submitted themselves to the Protestation . Vow , and solemne Nationall Covenant imposed and prescribed by the Parliament , which enjoyne them under paine of highest Perjury , with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament , and this we now debate as well as any other . That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts , and others upon speciall occasions , with publicke dayes of thanksgiving ; together with their power and Ordinances to suppresse all prophanations of the Lords day , with many other abuses , Sects , Errors in Church affaires ; which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government , Discipline , or Religion , which suite not with their humors or opinions . I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell , which hath more reall worth and value in it , then the contrary opinion of thousands of opposites ( being alwayes hitherto reputed the received Doctrine of the Church of England ) and with Bishop Bilson , a very solid Writer .

This reverend learned e e Part. 6. c. 2. Divis . 1. p. 641 , 643 , 654 ●●5 . Jewell in his Apologie hath this passage , concerning the establishment of the Protestant Religion among us , That the matter hath been treated in open PARLIAMENT , with long consultation , and before a notable SYNOD and CONVOCATION . Master ●●●ding his Antagonist An●●gonist , answering thereunto just as some Independen●● ; and others ( who protest they have abjured all Popery , though they follow it herein to an haires breadth ) do now : The Parliaments of these later dayes did make most of you , and yet how open was it for you ? had ye any pla●e at all in it ? were ye admitted within the doores ? or had ye any thing to do in that assembly ? Did they tarry many moneths about it ? had they Bishops ? had they Divines and the most learned to reason too and fro with all Liberty , & c. ? How many of the spirituall Lords ( a great part of the Parliament , and without all doubt the part which must be chiefly and only regarded when the questiones of Religion ) gave their voyce to your Gospell ? yea , which of them did not resist it , save 〈◊〉 alone & c ? If they will needs have their matters to depend of THEIR PARLIAMENT , let us not be blamed , if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL , PARLIAMENT FAITH : This learned Bishop returnes the ensuing reply to him : That the Parliament war summoned by royall Authority , confirmed and concluded in Order , as heretofore hath been used : That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall ( for which he produceth sundry examples . ) Farther , whereas ye call the Doctrine of Christ that now by Gods great mercy , and to your great griefe , is universally and freely preached a PARLIAMENT RELIGION , and a PARLIAMENT GOSPEL ( for such sobriety becometh you well , and may stand you instead , when learning fayleth ) ye might have remembred , that Christ himselfe at the begining was universally received , and honoured through this Realme BY ASSENT OF PARLIAMENT ▪ and further , that WITHOUT PARLIAMENT , your POPE himselfe was never received , no not in the late time of Queen Mary : yea , and even then his Holinesse was clogged with PARLIAMENT CONDITIONS , that whatsoever had beene determined in Parliament , and was not repealed , were it never so contrary to 〈…〉 and Canons , should remain still inviolable , and stand in force . 〈…〉 Holinesse had gone home again . Such Master Harding is the Authority of a Parliament . Verily it Parliaments of Realmes be no Parliaments , then will your Pope be no Pope . Therefore as you now call the truth of God we professe , a Parliament Religion , and a Parliament Gospel , even so with 〈…〉 and gravity of speech , you might have sayd , our Fathers in old times had a Parliament Christ : And your late Father● and Brethren , had of late in the time of Queene Mary , a Parliament Faith , a Parliament 〈◊〉 , a Parliament Pope .

Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament ; read the Lawes of King Inas King El●●ede , King Edward , King Ethelstan , King Edmond , King 〈◊〉 , King Canute , and ye shall finde , that our Godly Forefathers , the Princes and Peers of this Realme , never vouchsafed to entreat of matters of Peace , of Warre , or otherwise touching the Common State , before all controversies of Religion and causes Ecclesiasticall had beene concluded , King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made , touching the faith , the keeping of holy Dayes , publike prayers , learning of the Lords Prayer , receiving of the Communion thrice in the yeare , the manner and forme of Baptisme , fasting and other like matters of Religion , in the end thereof saith thus . Iam sequitur institutum Legum secularium : Now followeth an Order for temporall Lawes .

Thirdly we see , that the Godly Catholique Princes in old times , thought is their duty , before all other offices of the Common weale , first to determine matters of Religion , and that even BY THE PARLIAMENTS OF THIS REALME . In a Parliament holden by King William the Conquerer it is written thus : The King , for as much as he is the Vicar of the highest King , is therefore appointed for this purpose , that he should Rule and defend the Kingdome and People of the Lord ; and above all things the holy Church : &c. Hereby it appeareth , that Kings and Princes are specially , and of purpose appointed by God , not only to defend , but also to Governe and Rule the holy Churh , How be it , if any imperfection shall appeare in the former Parliaments , we give God thankes for the same , that is : and trust , that for his owne names sake he will confirme what he hath begun . The hearts of Princes , and determinations of Parliaments , are in his hands : If any thing want , the arme of the Lord is not Shorted : he is able to supply the same . So our incomperable Iewell : enough to satisfie and silence all our Opposites , f f The true difference betweene Christian subjection and unchristian Rebellion . part . 3 p. 540. 541. 4●2 . 543. Thomas Bilson Warden and afterwards Bish. of Winchester , bringing in the Prelates and Iesui●s objecting against our reformed Protestant Religion , that it was brought in and ratified , not by a Councell and Synod of the Clergy ; but by the Prince , ( Queene Elizabeth ) and the Parliament ; who ( say they ) had no power to determine or deliberate of those matters , returnes this answer : May not the Prince command for truth within hee Realme except your consents be first required and had● May not her Highnes serve Christ in making laws for Christ , without your likeing ? Claime you this interest and prerogative , NOTA. that without you nothing shall be done in matters of Religion , by the Laws of God , or by the liberties of this Realme ? By the Lawes of the land you have no such priviledges : Parliaments have beene kept by the King and his Barons , the. Clergy wholy excluded , and their Acts and statutes good . And when the Bishops were present , their votes from the Conquest to this day were never negative ; By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes : You may teach , you may not command : persuasion is your part compulsion is the Princes . If Princes imbrace the truth , you must obey them . If they pursue truth , you must abide them . By what authority then claim you this Dominion over Princes , that their laws for Religion shall be voyde unles you consent , seeing they are the maintainers , establishers , and upholders of the faith , with publique power and positive Lawes ? which they and their Parliaments may make without a precedent councel of Clergy men to guid them ; as he there proves at large , by sundry presidents . If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies , I must tell them in plaine english , they directly violate their late vow and Covenant , and symbol●e herein with Jesuites and Popish Prelates , whose doctrines they have abjured by their Nationall Covenant , and therefore cannot , may not ever hereafter emb●ace without the highest Perjury and plaine Apostacy unto Popery .

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

For FRANCE ; Fredericus Lindebrogus Codex Legum Antiquarum you may survey the Decrees of King Childebert , debated and agreed by him and his people in a Parliament , de quibuscunque conditionibus , una cum Optimatibus nostris , c. 2. 4. & c. 15. For sanctifying the Lords Day , prohibiting the dressing of any but necessary food on it , & all Bodily labour under pecuniary mulcts . The ecclesiasticall laws of Charles the great , Ludovicus pius , & Charles the Bald , collected into one volum by Abbot Ansegisus , Benedictus Levita , Lindebrogus , & others , printed with some pettinent additions Parisijs , 1640. stiled g g See the Title p. 1. Ad● dit 4. f. 304. & Hinemari Epist. ad Epis. copos quosdam Franciae et Ludovico Regi , And Fridericus Lindebrogus , Codex Legum Antiquarum p. 322. &c. Capitula Regum , & Episcoporum , Maximeque OMNIVM NOBILIVM FRANCORVM ; were made , GENERALI CONSENSV PIDPLIVM SKORVM , ET GENERALI CONSVLTV , ET COMMVNI , CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France , in Common Councells , Parliaments and Assemblies of the estates . Who had so great a power in making rejecting Canons & ecclesiasticall Lawes , that when in the h h Caroli Magni &c. Capitula p. 328. 329 Fridericus Lindebrogus Codex legum Antiquarum p. 1193. 1196. 1197. yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparna● a Village of the Church of Rhaemes , to peruse and approve ; the King , Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonition● by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons , the King and Nobles , out of all their Canons or Chapters , haec tantum observanda & complacenda sibi colligerunt & Episcopis scripto tradiderunt , dicentes , NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA , ET ISTASE VELLECVM PRINCIPE OBSERVARE : which were Stiled Captule Regis CAROLI , & not the Bishops Canons . By which it is evident , that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity , but such at the King , Nobles , Parliament , and three estates approved and confirmed , I shall add to this , that .

Anno 1307. King Philip the 4. of France assembled a Parliament at Paris , wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses , i i Acts and Monuments vol. 1. p. 461. to 478. Edit. 164. which were there largely handled and debated , as you may read at leisure in Masters Fox ( who records the passages very fully ) & in the French Histories . What the Parliament & Estates in France have done & enacted in matters of Religion , Church-Government and discipline of ancient and latter times , you may read at large in Liurentius , Bochellus his Decreta Ecclesiae Gallicaiae , in Carolus Molinaeus Contra parvas Datas , &c. in William Ranchin , his Survay of the Councel of Trent : but above all , in Antonie Fontanon 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 Lawes and Edicts made by the Kings and Parliaments of France , to which ( for brevity ) I shall remit the Reader .

For Spain , Spaine . 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 OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS : which you may read at large in the third some of Hisp●● Illustrata : p. 992. to 1014. and in Fredericus Lindebrogus , his Codex Legum Antiquarum . France-furtii , 1613. p. 210 to 238. together with the Generall history of Spain , Joannes de Laet. Hispaniae Descriptio , Hieronimus Blanca Rerum Arragenensium Commentarius , will furnish us with sufficient Presidents of their Parliaments Iurisdiction in matters of Religion , and making Ecclesiasticall Lawes in all Church matters .

For Bohemia : Bohamia . Georgius Bartholdus Pontanus , his Bohaemia pia , l. 7. De Rebus Gestis sub Ludovico Rege lib. 1. c. 8 , 9 , 10 , 12 , 24 , 25 , 21 , 29 , 30 , 31. lib. 2. c. 3 , to 24. l. 3. c. 2 , 6. l. 4. c , 1 , 711 , , 18 , 33 , 34. Pauli Geschinii Majestas Carolina , sine Constitutiones Caroli 4 Romani Imperatoris , quibus illo Regni●● Bohemiae firmandum ornandumque censuit Handviae 1607 , Rubr. 1. De fide Catholica ; Rub. 2 , 4 5. De hareticis , &c. Aeneas Sylvius , his Historia . 〈◊〉 Pauli Stranhii . Respub . Bohemiae : Master Fox his Acts and Monuments 〈…〉 & Grimstons 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 , Denmarke . 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 , Italy . I find that Theodoricus King of Italy ; among his temporall Laws intiteled , Frederic●● Lindebrogus : Cod : Legum Antiquarum . Edictum Theodorici Regis , hath many Ecclesiasticall constitutions , intermixed , as cap. 26. 70. 71 168 , 125 , 143. and 174. De die Dominico , prohibiting 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 nostra quam eorum sententia , mansuris in aeuum legibus sumpsimus statuta praescribi ) cap. 28. 44 , 45. 51. ● Additamenti primi , cap. 18. Additamentum , 2. cap. 12. Among the Lawes of the m m Ib. f. 363. Almains made in the time of King Chlotair , ( una cum Principibus suis , id sunt 33. Episcopis & 33. Ducibus & 72. Concitibus , vel cetero populo consti●●ta est , writes my Author ) I finde sundry 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 admonitions , the forfeiture of the third part of his inheritance ; and for the 4th offence , perpetuall villainage : Quia noluit Deo vacare , in sempiernum servus perman●●● .

In the Lawes of the n n Ib. f. 400. Bavarians , first compiled by King Theodoricus , by the advise of Wisemen skilfull in the Lawes : Fridericus Lindeb ogus Ibid. f. 265. 166. afterwards proceeded in by King Childebert , and Clothaire , and renued by King Dagobert , by advise of his Parliament , ( as this Preface to them attests : Hoc DECRETUM est apud Regem & Principes ejus ● apud CUNCTUM POPULUM CHRITIANUM qui intra Regnu●● 〈◊〉 consistunt ) I 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. o o Ib. f 439. Et 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 sanctifying of the LORDS DAY , Sicut in Lege Scriptum est , & in decretis Canonum , and cap. 2 , 3 , 4 , 6. De Popularibus legibus , cap. 10. 11 , 12 , 20. So also in the Aditions of Charles the Emperour to the Bavarian Lawes Addit . 1. c. 1. 8. and Addit . 2. cap. 7. 8 , 10. Among the p p Ib. f. 442. Lawes of the Saxons , cap , 2. sect. 8 , 9. There are some Lawes relating to the Church . In the q q Ibid. f. 498 591. Prisons 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. culpabilis indictum , Siseruus hoc fecerit , vapuletur , aut Dominus ejus 4. Solidos pro illo componet . Additio Sapientum ( to these Laws ) Tit. 1. and 12. Concerne the Church . Among the r r Ibid. f. 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 s Ib. 694. 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 , recorded in r r Codicis , l 1. Tit. 1. to 12. Novel : Const: 3. 5 , 6. 16 , 37. 42 , 67. 77 , 83 79 , 123 , 131 , 132 , 133 , 141 144 , 146 , 1●● 117. Iustinian , 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 Iuriscon●●●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 Theologorum qui Augustanam Confessionem amplectuntu● , subscribed by all the Protestant Princes , Dukes Earles , Barons , Councels , Senates & Senators of Germany : presented to the Emperor , and printed , yea reprinted , by all their speciall Commands , Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere , recorded in the Harmony of Confessions ; 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 demonstration 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 Senates , made sundry Lawes concerning matters of Faith , Government , Discipline , 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 Ireland , and Scotland , which have most affinity to the Parliaments of England .

Among the printed Statutes of Ireland , 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. Conconcerning Mariages , cha. 12. For Tithes , chap. 14. For erecting of Vicaridges , 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses , 2. Eliz: chap. 1. For restoring to the Crowne the ancient Iurisdiction , Scotland . and the State Ecclesiasticall , and abolishing 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 the u u Hector B●ethius lib. 10. Spelman Concil: p. 340. 342. Ecclesiasticall Lawes of King Keneth , mixed with his Temporal , enacted about the Yeare of our Lord 844. In the Statutes of x x See Regiam Majestatem : Or Auld laws & constitutions of Scotland collected by Sir Iohn Skene , printed at Edinburgh , 16●9 . K. William of Scotland made about the Yeare of our Lord 1170 : chap : 32. Is , For maintaining the true Religion , and the Rights and liberties of haly Kirke , chapter 34. Of the honesty of Clarkes , King Robert the first in his Parliament holden at Scone with his Bishops , Abbots , Priors Ea●i●s , 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 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 Popery , 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 translation 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 * * Knox History of the Reformation of Religion in the Realme of Scotland l. 3. p. 127. to 135. 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 Reformation 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 * * Ibidem p. 250. 251. to 278. See the Doctrine and Discipline of the Kirke of Scotland , Le●●e lib. 10. Buchanon . Hist. l. 16. 17. 18. yeare , 1560. The Protestant Barrons , Gentlemen Burgesses , and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled ; wherein they desired ; the abolition of Idolatry , and such false Doctrin as w●e 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 ecclesiasticall Authority might be abolished , and the Popish Clergy removed &c. Which application being read in the Audience of the whole Assembly ; the Batons Ministers & other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine , 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 willingly accepted , and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland , consisting 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 , proceedings 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 , A●ch●uses , and using any sorvile worke on the SABOTH-DAY Iam. 4. parl. 6. c. 83. Iam , 6. parl. 6 : c. 70● parl. ●4 , c. 148 against Apostacy , Idolatry , Masse the Pope , Semeniary Priests ; Iesuites , uncommunicants , Popery : 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 Parliament 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 , together 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 iurisdiction , 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 worship and Service . Acts 14. For taking order with the abuse committed on the Sabbath day &c. Acts 15. Directing Letters of horning against excommunicated persons : to which I might 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 Idolatry ) & 12. Anent Non-communicants and excommunicate persons , all printed ; besides sundry other Acts unprinted : are an abundant Evidence both of the Scottish & English Parliaments undoubted right jurisdiction , and authority in all matter of Religion , Discipline , and Church-government , maugre all inconsiderable late privateopinions to the contrary , by whomsoever broached .

Section 4. Containing certain Corollaries from the premised Sections , against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government , Discipline , Religion : Together with a compleat Answer to Master Iohn Goodwins pretended Authorities , my deare Brother Burtons , and others Arguments to the contrary , in Iustificaetion 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 government 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-shining Verity ; by deducing some Corollaries from the premises , and then refuting the principle late objections against the same .

The first Corollary is this : That Bishop Laudes desperate Positions , in his Anti-Parliamentary paper of Hopes and Feares , about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments : That the Parliament 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 submission 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 medling 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 , * * Page 96. 97. 98. as the forequoted passages of Bishop Jewell , and Bishop Bilson , withall the premises manifest .

Secondly , That Master John Goodwins late printed passages against the Ecclesiastical jurisdiction of Parliaments ( seconded in substance by some * * See my Brother Burtons Vindication , p. 69. other Independents ) viz. * * ● Theomachia ● 48. 49. 50 , Reply to A. S. p. 81. 22. and his Sermon in Feb. 25. 1643. 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 Brethren CONCEIVE AN IMPOSSIBILITY that a spirituall extraction should be made : That a man may as well bring a cleane thing out of an uncleane ( 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 affaires 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 Ecclesiagicall 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 symbolizeth in this particular , ( which I have * * A full Reply , &c. p. 21. to 24 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 Auditors to slight or reject what ever forme of Church-government the Parliament should prescribe or settle , I cannot discerne ; for which ( with other particulars ) being questioned before the Committee for plundered Ministers , even pending the complaint there , he presumed to justifie them againe very unseasonably 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 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 unsufferable 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 boldnesse in another Pamphlet of his ( to which hee hath prefixed his name ) Intituled INNOCENCIES TRIVMPH , ( an unfitting Title for a sequestred Nocent ) 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 that power ( belike he hath weighed it exactly in the scales ) which is truly Parliamentary , and consistent with the Word of the great and glorious God : of which 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 a loving , Page 4 , 5. & 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 miscarried in this point , it was Error Amoris , not Amor erroris : he being extreamly jealous 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 consume and devoure , &c.

But good Sir , first , can any rationall man thinke ( though you should protest it ten thousand times over ) that such Anti-Parliamentary passages as yours are , should proceed from your love to Parliaments ? The blindest charity ( I 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 Parliament : I pray what made you so strangely , if not ma●gnantly 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 incommunicable 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 , * * ● . Thes. 2. 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 conscientious Divines of all sorts , to reforme our Church , and conforme its Government , 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 Communication , if not without them to .

Thirdly , had you had any just cause of such a jealousie , yet it had bin your duty to have privately informed your friends in Parliament with , it in a brotherly Christian way : but to publish these your brain-sick jealousies , and suspitions 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 incommunicable 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 , different 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 consume and devoure ; &c. Could all the Malignant and Prelaticall party in England 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 Kingdome against them , as well as Gods wrath ? Certainly Master Goodwin , I must tell you freely without malice or uncharitablenes , ( and I beseech you pardon my zeale in this particular ) that your Iealousie and pen in this , Iam. 3. 6. was * * See Master Walkers and Mr. Roburrowes answer to them . 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 to the undoubted priviledges of Parliament ; Page 3. yet my Inditement against him , that he did it , Answer . PRESVMTVOVSLY , is such a charge , which men , whose ungrounded zeale hath not eaten out the heart of their Charity , cannot lightly but recharge with unreasonablenesse , and utter unlikely-hood .

Sir , I dare affirme upon good grounds that you did this presumptuously , as I charge it ; * * Calepine , Holioke , Calvim , Lexicon Juridicum , Summa Angelica , Tit: Praesumptio : Media v●lla , Aquinas , and others . Grammarians , Lawyers and Divines informs us , that the Word Presumptuous , comes from the verbe , Praesumo ; which signifies , to forestall , to conceive 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 sences , may properly be said to do it PRESUMPTUOUSLY ; and that in * * Exod. 21. 14. Num. 15. 30. Deut. 1. 43. c. 17. 28. c. 18. 20. 22. Scripture phrase , as well as in common parlance . To apply this to your crime . First , you preached and printed these passages , of purpose to forestall the Parliaments and Assemblies pious resolutions , to settle one uniforme Church-Government , and suppresse all private Coventicles of Sectaries or Anabaptists contrary to it . 2. Psal 19. 13. 2 Pet. 2. 10. To establish support that Independent way , which you had before 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 presumption 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 determine 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 Parliaments , 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 premised Presidents manifest , and Sir * * In his 4. Institutes c. 1. Of the High-Court of Parliament , and Camden , Holinshed , Vowell Sir Thomas Smith , concerning Parliaments . Edward Cooke with others might have informed 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 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 presumptuous , 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 priviledges 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 * * 2 Pet. 2. 10 12. 1 Tim. 3. 2 , 4 , 5. 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 contrary : 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 aggravate your subsequent opposition in presse and Pulpit , against its undoubted jurisdiction . Secondly , The grounds and reasons you have given of your opinion ; ( which I shall examine in due place ) as if men might not do presumptuously against the lawfull power of Parliaments and civill Magistrates , as you have plentifully done , even with some colour of reason , as well as insanire cum ratione : which is all I shall answer to your reasons .

Fourthly , Hee writes , Let Master Prynne , Or any other evict mee , of any wilfull or unwilfull violation of the priviledges of Parliament ( and I shall bee as willing as willingnesse it selfe can make me to further such a conviction ) and no man shall be more ready then I to crave their pardon , Page 5. or undergoe their Justice ; nay , I shall repent my selfe and abhor my errour in dust and ashes .

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

5ly . For the Authors you cite to justifie yourselfe ; they are miserably wrested and mistaken for the most part . The first you quote is Master Edwards : who maintaines point blancke against you throughout his Treatise , a * * Page 156. to 183. 237. 237. 238. 280. to 307. Legislative and coerceive power in Parliaments and civil Majestrates , even in Church-affaires and matters of Religion , in the very pages you quote , and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary , who is so point-blancke against you .

For the passage you quote out of his Page , 256. The Parliament interposeth no Authority to determine what government shall be : whence you inferre ( p. 7. ) Therefore his opinion appeares to be , either that the Parliament hath No authority , or at least intends not to make use of it , in determining a government . It was written only with reference to that present time , the Parliament having at that time when he writ ( during the Assemblies debate and consultation ) interposed no Authority to determine what government shall be : yet before that it had declared the old prelaticall Lordly government to be abolished , and called an Assembly to advise with about a New . But to inferre from thence as you doe : Therefore his opinion is , either that the Parliament hath no Authority , or at least intends not to make use of it in determining a Government , Is an inference quite contrary to the next ensuing words , and pages ; to the whole scope of the Authors Booke ; * * See his Title Page 15. 15 Humbly submitted to the Honourable houses of Parliament : contrary to his expresse words : p. 138. 281. to all his reasons against Toleration of your Way , and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word . Be ashamed therefore of this grosse perversion of your first Authors passages , diametrally contrary to this meaning . Page 9 to 14.

Your Passages out of Master Hayward , Bishop Iewell , Master Fox , Mr. Calvin , Iacobus Acontius , Junius , Peter Martyr , and Gulielmus Appolonius , make nothing at all against the Legislative Authority of Parliaments , in matters of Religion and Church government , and have no a●●inity with your Passages , words , most of them ( & Bishop Iewel especially as I have * * Here p , 96. 97. 98. already proved , vindicating ) propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestrat●s , & enforcing of mens consciences in matters of Religion , which I shal answer in due place , and manifest how you abuse the Authors herein as well as Mr. Edwards ( not hitherto answered by any of your party , ) Page 9. 11. but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion , discipline and Church-government , I am yet to seeke .

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

I Answer , 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 * * See the Articles of the Scotish Commissioners against Canterbury . New service booke and Canons , and our selves the late Canons & &c Oath ( which Canterbury wold have obtruded on us ) because they were made and prescribed only by the Kings Authority and the Prelates or Convocations , not the Parliaments ; upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall . But that the King , or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines , may not make binding ecclesiasticall Lawes ; or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike ( the only point controversed ) is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation , & to the proceedings of their last Parliaments and generall Assemblies as I have * * Page 102 , 103. 104. formerly manifested . You may therefore blush , at this your perverting of their meaning as if they held , that the Parliaments , of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment ; when as their Bookes , Actions , addresses to our present Parliament , their presence , assistance in our Assembly , proclaimes the contrary : And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 ( since confirmed by severall Acts of Parliament ) doth the like . But admit all those Authors really ( as not one of them is in verity ) opposite to the Ecclesiasticall Jurisdiction , and Legislative power of Parliaments , yet the unanimous practise and resolution of all Christian Realmes , Synods Parliaments , in all ages , contrary to their private novell opinions , is sufficient infinitly to overbalance them in the Judgements of all prudent men . And thus much for Mr. Goodwins Innocencies tryumph , as to the present point .

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

His first and principall Objection is this , a a Object . 1. That every particular Church now , b b In this Vindi●ation p. 1. 2 ●8 , 42. 48. 51. 52. 53. 60. 6● . 71. 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 under 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 spirituall 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 to take the Government of this Communion of Saints . That * * Yet Independents though men , may and now doe it . men may not appoint , limit , constitute what Congregations of all sorts they please , to be Churches 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 Government 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 Independents 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 , Answer . 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 Jurisdiction in the Church but Christ alone ? If he intends , that he is the only immediate 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 , Ministers b b Rom. 13. 1 , 2 , 3. Tit. 3 , 1. 1 Tim. 2 , 2 , 1. 2 , 13 , 14 , Act. 20. 28 , Heb. 13 , 7 , 17 , 1 Cor 4 , 15. 1 ▪ Iohn 2 , 13 , Isay 49 , 23 , Psa 8 , 16 , Ps. 78 , 70 , 71 , 72 , Heigher powers , Rulers , Overseers , Fathers , Nursing - Fathers , Pastors , , of & over their Churches , people flocks , who are ever enjoyned to obey & submit unto them ; yea c c Acts 18. 7 , 17 , ● , 13 , 15 , Mark 5. 22. Lu. 8 , 41. 49. Rulers of the Templ , Congregation Church Rulers , Chife Rulers of the Synagogu : ●ay sometimes d d Exod , 22. 28. c. 16 , 22. c. 34 , Exod 7 , 1 , Ps. 28 , 1 , 6 , Iohn 10 , 34 , 35 , Cor 8 , 1 5 2. Chron. 9 , 8. Gods 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 Scripture , 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 , Ruler , Shephard , Governour of his Church , and none else , in that sense you object ; what will become of these Pastors , Ruling-Elders , Governours Overseers , which you averre , Christ hath fixed in his Churches ? What will become of those Independent Ministers , who take upon them ( like absolute kings Popes , Lawgivers ) to erect gather new 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 , f f 1 Tim. 5 , 17 Phil. 1 , 2 , 1 Cor. 12 , 28 Let the Elders that RULE well , be counted worthy of double honour : Rom. 13. 1. Let every soule BEE SVBIECT to the HIGHER POWERS , &c. even for CONSCIENCE SAKE : Tit. 3. 1. Put them in minde to be subject to Principalities and Powers , 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 delighted 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 , Ruler , 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 the g g Dan. 1. 7. 27. Luke 1. 23. 1 Tim. 6. 15. Is● 9. 6. 7. Psal. 22. 28. Psal. 103 19. 〈◊〉 . 21. Ephes. 4. 5. 1 Cor. 8. 5 , 6. onely 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 , Governours , 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 .

Secondly , I shall demand of my Brother , how he proves all his forementioned Paradoxes concerning Christ and the Church , in the sense he propounds them ? Or , that his own , or other Independent Churches lately gathered , erected by no other but by men , and consederated by a new Covenant , framed by men , not Christ : h h Pag. 49. 50. 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 Independent Church stiled , Christs spirituall Kingdom and Republike ? I find it prophesied . Revl . 11. 15. That when the seventh Angel foundeth , The KINGDOMES 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 i Psa. 22. 27 , 28 Psa. 2. 8. 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 Governour among the NATIONS : k k Psa. 72. 11. Psa. 86. 9 ▪ Rom. 15. 4. That ALL NATIONS shall serve and worship before him : That he shall have DOMINION from sea to sea , and from the Rivers to the ends of the earth l l Dan. 7. 27. 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 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 he can make good these Paradoxes of his ; That m m Pag. 44 , 45 ▪ 46. 62. 63. those who will not submit to his Independent Church-government , Covenant , & become members 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 uncharitable Paradoxes ( good Brother ) un-Church , un-Saint all Christians and reformed Churches whatsoever , which submit not to your new way ? excluding 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 salvation , 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 beseech 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 , Argu. 1. by reducing it into these Logical arguments , Answer . 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 , n n Ps. 10. 16. Ps. 29 , 10 , Ps. 44 , 4 , Ps. 47. 2. 6 , 7 Ps 84. 3. Ps. 89. 18 , Ps. 95 , 3 , Ps. 98 , 6 , Ps. Ps. 149 , 2 , 1 Tim. 1 , 17 , c. 6. 15 , 16 , Rev. 15 , 3 , c. 17 , 14 , c. 19. 16. Psal. 22 , 18 , Ps. 103. 19. Isay 9. 7. Dan. 4 , 32. Math 10 , 13 , c. 1. 1. 25. or 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 expresse n n Ps. 10. 16. Ps. 29 , 10 , Ps. 44 , 4 , Ps. 47. 2. 6 , 7 Ps 84. 3. Ps. 89. 18 , Ps. 95 , 3 , Ps. 98 , 6 , Ps. Ps. 149 , 2 , 1 Tim. 1 , 17 , c. 6. 15 , 16 , Rev. 15 , 3 , c. 17 , 14 , c. 19. 16. Psal. 22 , 18 , Ps. 103. 19. Isay 9. 7. Dan. 4 , 32. Math 10 , 13 , c. 1. 1. 25. That 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 kingdome ruleth over all . That o o 1 Chron. 29. 11 , 12 13. Dan. 5 , 11 , c. 4 , 17 , 25. 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 Brothers forme of Arguing . ) No Kings , Parliaments Potentates Rulers Kingdoms Republikes , ought to make any Lawes for the government of their Realmes 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 , Majestrat , Parliament , or human power whatsoever , even in temporall things , but only to God and Christ .

2ly . God is more frequently stiled in Scripture p p 1. Sam. 1. 11. p. 20. 10. p. 46. ● . Exod. 15. 3. & infinit other texts , 1. Sam. 17. 47. Psal. 24. 8. The Lord of HOSTS and God of BATTLE , then he is called the only King of his Church ; ( a Title you can hardly show me in direct 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 Logicke ) 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 only q q Isa. 9. 67. Iohn 13. 9. Acts 2. 36. c. 10. 36. Rom. 14. 6. 7. 8 9. Mat. 6 9. 14. 15. c. 23. 3. 10. Mat. 1. 6. Soveraigne Lord , Master , Father , Ergo no Landlord Master , Father , ought to prescribe any Lawes , Rules , orders for the better Government of their Tenants , servants , families , Children , but Christ alone , by your argumentation .

4ly . Christ is the r r 1. Pet. 1. 25. c 5. 4. Iohn 10. 16. 12. 16. Acts. 3. 22. 23. c. 7. 37 Iohn 6. 45. Isay . 54. 13. chiefe Shepherd , Bishop , Prophet . Teacher and Instructor of his Church , Ergo none ought ( by your reasoning ) to seed , teach or instruct the Church and people of God , but Christ alone : We must have no Ministers , teaching Elders Pastors , Teachers to instruct Vs henceforth ; who are but men and not Christ himselfe .

5ly . Christ is the only s s 1. Tim. 2 ▪ 5. 1. Iohn 2. 1. 2. Rom. 8-34 . Pet. 7. 25. Mediator , Advocate , Intercessor for his Church and people , Ergo none ought by their Prayers and t t 1 Tim. 2 , 1 , 2 , 3. Isah . 59. 11 , 12. Ier. 27. 18 c. 36. 25 , Rom. 2. Psal. 122. 6 intercessions 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 Argumentation 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 Independent 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 Congregations upon any discontent wil thus dispute with their Ministers Ruling Elders Congregations . Christ is our only head King , lawgiver . Judg. Therefore neither Councels Synods , nor any Independent Ministers or Congregations may prescribe any Laws , covenants , Orders , or directions to us , or exercise any jurisdiction eclesiasticall over us , or 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 Kingdomes , 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 absurdities 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 ) * * See Vindication , p. 3940 70. where this is in a manner confessed . your selfe will grant . 1. That y y See Pareus in Rom. 13 Dub. 7. 8 and D. Willet on Rom. 13. Cant. 6. 7. Doctor Davenant his Praelectiones . De Judice & Norma fides cap. 14. Bishop Iewels Defence of the Apology part 6. cap. 1. 2. 11 , 12 , 13 , 14 , 15. Bish. Bi●sons true difference , &c. part . 2. Fridericus Lindebrogus Codex Legum Antiquarum ; Lambardi Archaion : Master Rutherfords : Due Right of Presbyteries cap. Sect. 5. and p. 355. to 480 , &c. Parliaments , 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 sincere Ordinances of God , and such a true worship , Church-Government , and Discipline which is most consonant to his Word , throughout all Churches in their respective jurisdictions ; yea 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 which concern the same , not peremptorily determined in the Scriptures , & concerning Church assemblies . Fourthly , They may enact Laws for the maintenance of Ministers of all necessary Church Officers , and for prayer , preaching reading the Word , 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 Nonsequitur .

Thirdly , Christ is the z z Psal. 5. 2. Psal. 145. 1. Iohn 20. 13 , 28. 1. Cor. 11. 3. King , Lord , Head , and Lawgiver of every private Christian or Member of a Congregation , as well as of every particular , or of the whole Catholik Church ; and so a a Page 18. by your determination ) he is subject to no other jurisdiction then that of Christ , his Spirit and Word : Yet I hope b b See this confessed , pag. 45. 46 , 62. and elsewhere . 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 Congregation shall thinke meet , to which they must submit , under paine of excommunication , suspension , Non-communion , and denying baptisme to their Infants , as you plainly intimate , ( pag. 44. 45 ▪ 46 , 62 , 63. ) Therefore these titles and Prerogatives of Christ , doe not deprive particular Churches of the power of prescribing covenants , 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 . * * A●gn . 2. Vindication pag. 50. 51. 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 Conscience , which is the highest presumption against the most high .

I answer , Answ. 1. That this argument is grounded upon a very sandy foundation ; and upon this controversed question , both among Divines , and Casuists ; Whether Ecclesiasticall or Civill human Laws made and ratified by the supreame civill Magistrates & Parliament , bind & necessarily oblige us to obedience in point of conscience , in case they be not contrary to Gods Word , for if they be , all grant they c c Acts 4. 18 19 , 20. c. 5. 28 , 29. Dan. 1. 8. to 17. c. 2. 5. to 17. c. 6. 5 , to 28. See Gratian causa 11. qu. 3. do not bind to obedience in point of Conscience . My Brother here holds the Negative , 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 learned Paraeus , Explicatio Dubiorum in c. 13. ad Romanos , Dubium 7. pag. 1413. to 1446. by Musculus , Peter Martyr , Marlorat , and Doctor d d C●●tr . 7. p. 617. Willet in their Commentaries on Rom. 13 , with other Protestants on this Text , by Ursinus : in Exposit: secundi Praecepti , p. 299. by Theodoret ; Ambrose , Beda , Anselme , and generally most ancient and modern Commentators on that Text by Alexander Alensis : Summa Theologiae : Pars. 2. qu: 120. Artic 2. 3 , 4. ( with whom all other Shoolemen generally concurre : ) Paulus Windek : Canonum & Legum Consensus & Dissensus cap. 4. p. 12. Stapleton * * The Papists and we differ some what de modo , or manner of binding ▪ : in Antid : p. 783. Bellarmine , l. 3. c. 9. De Laicis , Pererius : Disp: 2. Num. 8. by Saint Augustine in Epist: 54. ad Macedonium , and in Tit. Psal . 70. by Saint Bernard , Tract : de Praecepto & Dispensat : With infinite others . Indeed Master Calvin , Instit: lib. 3. c. 9. Sect. 15. 18. and lib. 4. c. 10. Sect. 3. 4 , 5. Beza , in Notis : ad Rom. 13. Sibrandus , De Pontif : Romano , l. 8. c. 7. and some others seemingly hold the contrary , yet not generally of all , but of some particular 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 answer the Negative arguments in their Order , to vindicate this truth , now most opposed , when it is most necessary both to be discovered and obeyed . The Propositions are these .

That all just 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 Conscience , of themselves , and that simply , both in generall , and particular : That all good Laws made for the determining of any necessary circumstances of Gods Worship , or necessary and profitable for keeping the Commandements of the first and second 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 seriously intend to command it , and to obliege the infringers to an offence , doe in particular , 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 Order , 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 Conscience sake , and that by Gods own command , must necessarily binde the Concience . 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 offence , guilt , and condemnation upon the infringers of them , must needs obliege the conscience , because conscience is sensible of the offence or sinne committed , and dreads the punishment of it . But the violating of such humane Laws as are forementioned , drawes e e Rom. 1. 2. 3. 4 , 5 , 6. See Paraeus and Willet on the place . both 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 obedience , because God Himselfe . ( the Soveraigne and supreame Lord of the Conscience ) 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 but f f Rom. 13. 1. 2 , 3 , 4. 2 Chron. 9. 8. Deut. 1. 17. Gods owne Deputy , Ordinance , Minister , Vicegerent ; in obeying whom wee obey , and in contemning whose Edicts , we contemne even God Himselfe , from whom they derive their Authority , Rom. 13. 1 , 2. 1 Pet. 2. 14 ▪ 15 , 16. Ephes. 6. 5 , 6 , 7. Col. 3. 22 , 23 , 24.

Therefore their just Laws must needs oblige the Conscience , as being in some sence the very Ordinances and Lawes of God Himselfe , according to that resolution of Saint g g De Praecepto & Dispensat . Bernard . Sive Deus sive homo , Vicarius Dei , mandatum quodcunque tradiderit , pari profecto obsequendum est cura , pari reverentia deferendum , ubi tamen Deo contraria non praecipit homo : Which h h In Tit : Psal. 70. Augustine thus seconds . In eare sola filius non debet obedire Patri suo , si aliquod Pater ipsius jusserit contra Dominum Deum ipsius . Ubi enim hoc jubet Pater quod contra Dominum non sit , sic audiendus est quomodo Deus , quia obedire Patri jussit Deus : which he proves by 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 i Ephes. 6. 5. 6 , 7 , 8. Col. 3. 22 , 23 , 24. 1 Tim. 6. 1 , 2. 1 Pet. 2. 18. Eph. 5. 2. to 9. Col. 3. 10. to 26. Servants are commanded to bee obedient to their Masters according to the flesh , ● 1 Pet. 2. 18. 19. with feare and trembling and singlenesse of heart , ● Rom. 13. 1 , 2 Heb. 13. 7 , 17 Tit. 3. 1 , 1. as unto Christ . Not with eye service as men pleasers , but as the servants of Christ doing the will of God from the heart ; Heb. 13. 7 , 17 with good will doing service as Vnto the Lord not to men : Tit. 3. 1 , 1. knowing that whatsoever good thing any man doth , he shall receive from the Lord , Pet. 2. 15 , 16 17 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 * * 1 Pet. 2. 18. 19. 20. Peter 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 TOWARDS 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 Conscience 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 supposition 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 Commandement , 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 cause , violating whereof a tender true in lightned conscience will m m Iohn 8. 9. Rom. 2. 15. c. 9 , 1. 1 Cor. 1. 12. Heb. 10 ▪ 2. checke 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 particularly n n Iosh 1. 16. 17. 18. Ex●ra 7. 26. Rom. 1. 30. 2 Tim. 3. 2. 4. 2 Pet. 2. 10. Iude 8. 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 only o o Exod. 20. 14 Ephes. 6. 1●2 . Col. 3. 2. to 25. Ier. 35. thronghout . commanded but commended 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 [*] [*] Gen. 24. 2. to 10. Iosh 2. 17. 20 1 Sam. 14 , 26 , 27. 2 Chron. 15 , 12 , 13 , 14 , c. 23 , 3 c. 34 , 30 to 33 Ezra 10 , 3. Neh. 9 , 38 , &c. 10. Neh. 9 , 29 , 30. Marginall Texts : by 28 H. 8. c. 10. 1 Eliz. c. 1. 3 Jac. c. 4. which prescribe , an oath of abjuration of the Popes Authority ; the oathes of Supremacy and Allegiance , with infinite other Acts , enjoyning sundry other oathes : and by the late Protestation , Vow , and Nationall Covenant , made and imposed upon all by the present Parliament . Now these oaths and Covenants do without all controversie [*] [*] Gen. 24 , 2 , to 67. Numb . 30 , 2 , to 15 Iosh. 2. 18 , 19 , 20. Iudg. 21 , 5 ▪ 6. 1 Kings 2 , 43 , 44. Eccles. 8 , 2. Ezek 17 , 16 , to 20. Eccl. 5 , 4 , 5 , 6 Object . binde the Conscience to observance and obedience in the highest degree ; Therefore questionlesse these their oaths , Laws , Covenants binde the Conscience ; els we might with safe Conscience 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 q Gal. 5. 1. c. 1 10. Col. 2. 16. to 22. to stand fast in the liberty wherewith Christ hath made us free , p p See Paraeus in Rom. 13. Dub. 7. 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 ; 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 decent , and convenient , things which may advance Gods glory , worship , the peace , wee le or prosperity of Church , State , our own felicity , and are consonant 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 exemption or freedome from the obedience of humane Laws , but from the r r Rom. 6 , 1 , to 23. Iohn 8 , 34 dominion and power of sinne , the yoake and bondage of the Ceremonial Law [s] [s] Col. 2. 14 , 15 , 16. Acts 10 & 15. 1 Tim. 4. 3 , 4 , 5. Rom. 14. 1. 1 Cor. 8. abolished 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 indifferent in themselves , as Mr. t t Insti . lib. 3. c. 19. Aretius de Adiapheris Locus . Calvin with others , who write Deliberitate christiana , 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 meant v v See I●ther , Calvin , Marlorat , and others on these Texts ▪ of 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-pleasers , who flatter men in their lusts , pleasures , errors , or obey their unjust commands repugnant to the will of God ; not of obeying the just 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 drink●s , 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 Princes and Parliaments , who may command abstinence from flesh and such particular 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 , x x 〈…〉 . 19. 4 , Elix c. 5. Objest . 2. our 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 , Answ. 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 , Object . 3. 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 , 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 consciences and opinions ; Therefore they may binde the conscience as it is Practicall , & punish Atheists , Heritickes * * See 23 , Eliz. c. 1 , 35 , Eliz. c. 1 , 2 Papists , Idolaters , when they openly appear to be such . 2ly , The very Law Of God z z Rom. 13. 1. 2 1 Pet 2 , 15 , 16 Tit 3 , 1 Object . 4. hindes 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 , Answer . that men may binde and deliver others over to such punishments as they cannot immediatly inflict : The a a See Fox Acts & Monuments passim The writs de Haretico Com●urendo & Excommunicato Capiend● . Church may deliver men over even for ecclesiasticall offences to the secular power , which they cannot exercise , and to temporall punishment which they cannot inflict : yea they may deliuer ( a● they hold ) men ever unto b b 1 Cor. 5. 5 1 Tim. 1. 20 , 1 Cor. 16. 22. Sathan , 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 , a c c Acts 3. 4. Rom 13. 1 2. Lu. 10 16. 1 Thes. 4. 6. 7. 8. contempt 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 . Objection 5.

I Answer , 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 . Objection 6.

The 6th . Is this c c Vindication p. 40. 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 , Answer . first , that this text speakes only of privat Christians Judging one another 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 ecclesiastical● 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 without any impeachment of Christian liberty . Therefore when necessary or convenient 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 christian liberty , out of Conscience of the Law , and scandall which would follow the volation thereof ; and in obedience to the generall Law of God , which commands obedience to such Lawes .

The 7. Objection is this : Objection 7. 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 supream absolut Lawgiver which is God . Answer . 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 Estates of men ( as appeares by * * 〈◊〉 1 , 11. 1 Sam: 11 , 7. Ezra 7 , 26 , Dan: 2 , 5 , c : 3 , 19 , c : 6 , 24 , Math: 10 , 28. Luke 12 , 4 , 5 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 * * 1 Thes. 4. 6. 8 Rom: 1 , 30 , 31 〈◊〉 . 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 temp●rall 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 Supreame 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 humane 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 expedient 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 , Objection 2. i i Vindication . ● , 4 , 5 , 6 , 9 , 34 35 , ●● . 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 variation . That the Independent way alone is this divine unalterable Evangelicall platforme . Therefore nor King nor Parliament ( though assisted with a Synod of most pious , and learned orthodox Divines ) justly may or can of right , make any Ecclesiasticall 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 confidence than evidence of Scripture .

To which I answer first : Answer . That though Christ and his Apostles have instituted in the Gospel all necessary Church-Officers , as * * Phil: 1 , 1. Eph 4 , 11 , 12. 1 Cor. 12 , 28 , 29 Evangelical Bishops , Elders , Ministers ; Deacons , Pastors , Teachers , &c. and likewise given some general rules for the Government , and Discipline of his Church , yet he hath neither instituted nor prescribed any such unalterable 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 demonstrated to us nor discovered by us in the Scripture upon most diligent scrutiny : 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 exactform of Church-government instituted , and generally prescribed to all ages , Churches in the Bible : yet none of them , nor my dear Brother , have hitherto been able to shew it , though they have oft-times promised it . Therefore we presume there is no such . Shew us but some cleare Texts to manifest it , and we will believe you without more dispute : till then , though you were [*] [*] Gal: 1 , 8. Angels from Heaven , we dare not credit you , without a word to build on .

3ly , Because some Independents themselves ( & one [*] [*] 〈◊〉 An Answer to Master William Prynnes 12 Questions p , 2. 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 , Christ hath not perempto●ily prescribed one and the selfe-same 〈◊〉 of Ecclesiasticall Government to all Nations : The 〈◊〉 to blame are such who go about to prescribe one throughout whole kingdomes , &c. 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 reputed 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 Brethren ( I suppose ) will be so uncharitable , as to deem them all Antichristian , opposers 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 , or destroy the lawfull civill politicall Governments , Lawes , Customes of Kingdomes , Nations , Republikes , ( which are Gods l l Rom. 13. 1 , 2. Prov. 8 , 15. own Ordinance , as well as Churchgovernment ) since one Ordinance of God doth not crosse or thwart another . Now the lawfull Governments , Customes , Manners of most Nations , Kingdoms , Republiks , being various & different one from another , & the Gospel to be equally preached to them all & some , Church-government erected among them all : and the condition of the Church ( whiles militant in this world ) being as full of changes as the Moone ; sometimes tossed with the boysterous waves , & almost drowned in the flouds of affliction ; Sometimes totally ecelipsed and driven into the wildernesse in one place , yet flourishing or lesse troubled in another : Othertimes in a prosperous peaceable condition . Sometimes 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 ; Sometimes over-growne with haeresies , schismes , Innovations ; other-times holding forth the truth more clearly , and purging out of all errors : sometimes requiring a o o 1 Cor 4 , 21 , 〈◊〉 , 12 , 13 , Gal 16 , 1 , 2 , Tim 2 , 25 , 26 more sharpe and rigorous Discipline , other-times a more milde and gentle : Yea some Nations being more barbarous , fierce , obstinat , vitious , proner to some kinde of vices , sins , corruptions then others , and so needing a Discipline , Government , somewhat discrepant from those who are more civell and ingenious ; Some using one gesture of prayer , adoration administring the Sacrament some another : as some bowing , others kneeling , others prostration , some knocking of the breasts , some bare-headed , others covered some vayled , others unvayled ; some sitting at the 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 customes 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 , judgement 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 leaving divets things in Church-government and Discipline , more indeffinite and arbittary then under the Leviticall Law , given onely to the Iewish Nation and that not for perperuity , but till the Gospel came p p Col. 51 , 2 Acts 15 , 1 , to 30. Col 2. 14 , to 23 which 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 Discipline , punctually prese●bed without the least variation to all Nations Churches in the New Testament , as you say was to the Israelites in the old .

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 produce q q See Catalogus Testium V●ritatis , Dr. White , Doctor Webbe Dr. Abbot , Doctor Featly , and others . Professors of the Doctrines maintained in the Protestant Churches in all ages the Doctrine of the Gospel being universally the same and unalterable . But no creature is able to demonstrate a succession of any one kind of Church-government & discipline in all ages or Churches , be it Presbyteriall , Episcopall , or mixt of both , much lesse any series of Independent 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 , Liturgy , preaching , administring the sacrament in every particular , nor yet of the matter or fashion of Churches , Tables , Chancels , Vestments , Gestures of Worship prescribed to all Churches , Nations , in all ages , without variation , yea they reject all set 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 publique 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 indefinitenes 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 & agreeable to the generall rules of Scripture , though not particularly prescribed therin .

8ly . All grant there is no immutable universall set forme of Civill Government 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 , unalterably , said down in scripture , then the Government of Christian Kingdoms , Nations , states under the Gospel ; ( which leaves both of them equally undetermined r r Deutr , 17. 14. ●0 20. 2 Sam 23. 3. since both of them were alike limited among the Israelites under the Law , no rational man cangive any solid reason ; Christ being s s 1 Tim 6 15. Rev. 17. 14. c. 19. 16. Psal. 22. 28 Ps 4. 7 2 , 7. 1 Chron. 29. 11 to 17. Dan. 2. 21 27 1 Cor. 19 26. Ps. 24. ● King 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 as t t Rev. 15. 3. 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 only u u Acts 1. 13. 14. 15. 26. c. 2. 41. 4● . 46. Apostles & Brethren no Elders , or Deacons : After that , their Churches increasing , they proceeded to elect , ordain e e Acts 6 〈◊〉 . 1 , 1 , 1 Tim 3 8 , to 14 Deacons in the Churches of Ierusalem , and afterwards some other Churches ( though not in all for ought we read ) Not long after the Apostls ordained f f 1 Tim. 3. 1. to 8 c 5. 17. Tit. 1 5. 6. 7. Iam. 5 18. 1. Pet. 5. 1 2. ●●il l. 1. Acts 11. 30. c. 14 23. c. 15. 2. 22. 23. 46 c. 16. 4. c 20. 19. 28. c. 21. 18. Elders in Churches , which had none at first : after that g g 1 Tim. 5. 3. to 15. Acts. 6. ● . Widowes in some Churches , not in all . In the primitive Churches , some Congregations , had h h Acts 4 11. 12 1 Cor. 12. 4. to 33. Act. 21 2 Tim. 4 , 5 , Rom. 12 6 , 7 , 8 , Acts 21. 10 ● Cor. ●4 . 29. 〈…〉 . Apostle s , Evangelists , Prophets , workers of miracles , Healers by miraculous extraordinary gifts of healing , men endued with diversities of Tongues , Interpretation of Tongues , GOVERNMENTS . ( that is , men gifted with an extraordinary faculty of Governing Churches ; ) all which the Scriptures & many Divines distinguish . Other Churches at that time had none of these Officers or members ; and all Churches have 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 succeeding ages , without the least variation , since it was not so in the Apostles days .

10ly . The Apostles speech , 1. Cor. 12. 4 , 5. 6. &c. There are diversities of gifts , 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 servant 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 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 many Churches of the Iewes , and those in Jerusalem did still rotain the use of Circum●ition , 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 necessarily prescribed in the Gospel , unto al , without the least variation , as is objected .

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 , i i Exod. 12. 25. to 30. c. 23. 14. to 20. Levit. 14. 35 , 35. c. 19. 23. to 56. c. 23 , 10 ●o 20. c. 25 , 5 to 42. another in the Lind of Canaan ; 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 * * 1 Chron. 28 29. 2 Chron. cap. 31. 2 , 3 , chap. 1. to 9. Ezra 3. Hog . 2. 3 , &c. David and Salomon : Yea the * * 1 Chron. 28 ▪ 29. 2 Chron. cap. 31. 2 , 3. chap. 1. to 9. Ezra● . Hog . 2. 3 , &c. second Temple and its Ornaments services differed 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 direct Scripture proofes be produced to the contraty ) there neither is nor can be any such under the Gospell .

Twelfthly , The Scripture ( as all must acknowledge ) gives not many particular , but mostly * * See Eph. c. 5 and 6 Col. c. 3 & 4. 1 Thes. 5. P●●l . 4. 8. Iam. c. 1. and 4 1 Pet. c. 2 ▪ and 3. 1 Cor. 10 , 31 32. Rom. 12. and 13. 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 particulars ) 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 particulars ( 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 , actions 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 . Object . 1. Vindication , p. 5 , 6 , &c. 1. That God in the Old Testament 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 Reformation , 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 Gospell 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 supestition and error .

I have elsewhere given a full answer to this common objection , Answer . and manifested 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 additions .

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 living 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 Pilgrimage 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 publike meeting for Gods Worship now , but only in its moveablenesse : The like may be said of Salomons materiall Temple : what Argument can then be deduced 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 following 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 * * I wonder my Brother and Independents alleage not the forme and dimensions of the Arke , prescribed by God to Noah , Gen. ● . 14 , 15. and ●hap . 7 , 5. It being a Type of the Church as well as the Pa●terne of the Taberna●le and Tem●le . height , length , breadth , compasse , form and materials of which the Tabernacle , Arke , Altar , Curtaines , Candlesticks , Sockets , Rings Staves , and every pin , vessell , utensill belonging to the Tabernacle should be made , and expressed the same most punctually in writing , commanding Moses to make all of them according to the 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 , B●zaliel , 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 Levite ) Exod. 31. 1. to 10. chap. 35 , 30. to 31. c. 36. 1. 2 , 3. &c. c. 37. to 40. Ergo , none but those Artificers , whom God doth immediately name and endow with extraordinary gifts from Heaven ; None but Embroyderers , Gold-Smiths , Carpenters , Ioyners , Carvers , Masons , ( not Ministers , Presbyters , Deacons or 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 Garments which * * Levit. 16. 4. 23 , 24 , 32. Aron and his Sons should weare when they came to minister before the Lord , were expresly set downe , and the use of them enjoyned 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 prescribed 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 buildings 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 , only 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 Majestrates , 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 incoherent , as I presume you will , then by the selfe same reason , your owne Argument must much more be so . And therefore I beseech you now at last to consider , on what false sandy ground and absurd Inconsequencies your Independent Churches are built .

Secondly , I pray inform me , Brother , if you are able : If there be such an exact apparent unalterable forme of Church-government prescribed under the Gospell , as there was of the Tabernacle , Altar , Temple in the Old , in all particulars ; why the one is not as clearely and punctually set downe without any obscurity 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 IT COME TO SUCH CIRCUMSTANTIALS ; but we say , ( and I say so to ) what it prescribeth , ●s to be kept ( and so say all , but what that i● is the question : ) and page 5. in the Margin , Not but we grant AVARIETIE in the method and maner of preaching the Gospell in point of circumstance , so as the substance be kept , &c. SO IN CHURCH GOVERNMENT 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 patterne 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 patterne of the Tabernacle , Altar , Temple , nor Ezechiels measuring of the Temple will ever be able to evidence , neither by way of argument , nor illustration ; 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 de●ineated and set downe in the New Testament as these in the Old ; yea the onely way , and Government of Christ , from which none must vary in the least Title .

The second Argument from David & the Temple , Argument ● . Vindication pag. 6. That he gave Solomon an exact patterne of the Porch , Chambers , Vessels , Mercy-seats , Treasuries , and whole Fabrick of the Temple , not only by the Spirit , but in writing , from which he might not vary in one title , Answer . Ergo there is a set forme of Church-government and Disciplin prescribed in the Gospel and the Independent it : Receives the same Answer , and is as incoherent as the first , wherefore I shall 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 temporall Magistrate , who built the Temple and followed this Patterne ) not to the High-Priest , or any other Priests or Levites ; who were to be k k 1 Chro. 15. chap. 16 , 37. to 43 , cha 28 13 2 2 Chro. ● . chap. 8. 14 ▪ chap. ●1 , 2 , 3. Ezra . 6. 18. ordered directed , 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 Congregation who now usurpe this royal uthority without warrant or president ▪

Secondly , This patterne was exactly set downe in writing ( as you object ) distinctly by it selfe * * 1 Chro. 〈◊〉 11 , 12 , 13 and delivered unto Solomon to follow , But you can shew no written pattern , for your Independent , or any other precise universall setteforme of Church-government or Discipline delivered unto any particular person , 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 * * 1 Chron. 16 ▪ ● . 37 , to 45 , 〈…〉 11 21 , 2 Chr● 5 , c 31 , 2 , 3 ▪ 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 prescript 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 , * * Isay . 2 , 3 , Es●a , 3. 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 , † † 1 Chron. 28. 11 , 12 , 13 much different and inferior improportion , beauty , Ornaments , materialls , & some services from the former , all the services whereof expired e e Ezra 3 , 10. 12 , Aag 2 , 3 to 10. by 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 particulars prescribed to all Churches under the Gospell , f f Col. 2 , 13 , to 23 , Acts 15. 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 third g g Rev. 11. 1. 2 argument , Argument 3 That h h Ezech ●3 , 10 , 11 , &c. Ezechiell saw the patterne of the Temple in a vison & 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 i Vindication . p. 3. 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 fabricke Chambers Court , Altar , of the material Temple , long since abolished : and our Churches under the Gospel neither have nor ought to have any such Chambers , Porch , dimentions , courts altars , Implements as that Temple had , or as Ezechiel saw or measured . If then this vision prove nothing for set formes or patterns of materiall Churches , Porches , Churchyeards , Altars , ( not yet for the use of Altars ) 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 * * Of what 〈◊〉 is your ●●●plesse ? 〈…〉 1636. Assize of surplesses and paterne 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 deduce any such conclusion from this Text , nor from that of measuring the * * Rev. 11. 1. 2 Temple , & Altar in the Revelation , which I have * * A full Re●● . 6 elswhere answered , and shall here omit .

The 4th . * * Argument 4 Vindication p. 34. Answer . 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 discipline prescribed in the Gospell , which none may vary from by addition or diminuition .

Is a meere Non-sequitur . For first , these Texts speake only of Additions to the Bookes , Doctrine , Histories & Prophesies of the Canonicall Scriptures then written ( 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 , l l See the Reply to A. S. as 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 va●ting cry , The m m M Goodwins Theomachia , and his 2 B●okes since : My Brother 〈◊〉 Vindication . 〈◊〉 4. 7 Object . 3. Temple of the Lord , the Temple of the Lord , the Temple of the Lord are these , when yet they were but lying words : & which party 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 . My q q Vindication p , 7 , to 22 , 24 49 , 50 , 58 , 60 Brothers 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 them Elders in EVERY CHVRCH . From which Authorities only and no other 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 . Answer .

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 conscience then in question at Corinth , and propounded specially to the Apostle , to whom they Wrote for resolution v. 1. To this the Apostle gives a final desciton in the negative , 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 ORDAINI IN AL CHVRCHES . Now what , Brother , is this private case of conscience to one set forme of Church Disciplin or Government ? doth the Apostle say ; that this he ordained to be the very same in all Churches ? no verily , there is no such mention or intention , in the Text : or Chapter so that the true deduction from hence will be but this absurd Nonsequitur .

The Apostle by the determination of Gods spirit ordained in every Church , that Beleeving Wives or Husbands , should not forsake their unbeleeving 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 Secondly , It was an order only upon a particular emergent transient occasion , which might seldome or never happen againe , to wit , The o o Acts 11. 28. 29. 30. present 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 voluntary 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 the Week , [ or wekely ] Let * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 every one of you lay a part BY HIMSELFE [ not contribute 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 aside 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 collections when I come ) and the very words import . Therefore it can be no president 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 precept 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 contributions , only on the first day of the week & no other ? or had they not a liberty notwithstanding this order to do it on any other week day , as wel as on the first ? or every day , or every fortnight or 10. dayes , if they pleased , as their particular occasions and conditions administred abillity or opportunity for such a charitable worke ? 3ly . Whether this prescript forme of collection ( admitting it obligatory during this occasion ) did bind any Church but this of Corinth , and those of Galatia only ? or whether it obliged all other Churches then , or simply binds all Churches now to this 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 divine universall unvariable forme of Church-government and discipline in all ages prescribed by Scripture : If you say , yea , then all Christians , Congregations in the world ( & your Independent to ) offend against this the Apostles divine institution in not retaining this form of privat collections , by segregating something for the use of the poore Sai●ts 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 somthing up in private , by way of preparatory Charity against the Apostles comming , 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 this particular ; and so by consequence in others to , as occasions and conditions of the Church do vary .

Your third Text of Acts 14. 23. When they had ordained them Elders in every Church : proves nothing for what you alledge it . For first , it extends not to all Churches then planted in the World , but onely to every Church in Derbie , 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 every 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 infallible inference . They might do it in all or most Cities where the Congregations were great , yet not in Villages or lesser places , where the number of 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 every 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 Independent Churches which have none ( as Master Simsons had none in Holland ) and as no new Independent Churches in or about London had , when they were first gathered . These certainly were no true Churches of Christ by this rule , because they wanted Elders .

Fourthly , This Text speakes onely in the generall , that they ordained Elders 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 only 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 ordained in every Church ; but determines nothing of their office , or in what manner or form they were ordained : Therefore it concludes nothing for any exact compleat , unalterable , universall forme of Church-government in all particulars , prescribed to all Churches ; ordaining of Elders , being onely one part of Church-government , not the whol ; & no part of Discipline & that left very indefinitely in respect 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 indefinite , 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 necessary in the ordination of Presbyters , Deacons , or Lay-Elders ? or whether it be but an arbitrary ceremony which may be omitted without prejudice , if there be cause ? whether it belonged to the Apostles onely as Apostles , or as Presbyters ? whether it be appropriated to Preaching Elders onely , as such ? or to ruling Elders as well as they , or to the [†] [†] See Numb . 8. 80. 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 , Object . [†] [†] Vindication pag. 18. 19 , 20 ▪ 42 , 50 , 58 , 59. The every particular Congregation , is a compleate 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 , Synod , or Nationall Church , or humane power whatsoever . Therefore the Parliament and Assembly can make no Canons nor Rules to binde it , nor presc●ibe any Church-government or Discipline to it .

Brother , Answer . 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 * * See Guliel●●s Apollonius , cap. 3. 6. but one intire Mysticall 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 Company 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 an r r Ephes. 1. 22. 23. c. 5. 23. 10. 33. Article of their Creed ) under singular titles ; as the Church t t Rev. 12. 1. to 7. A WOMAN , v v Can. 2. 6. 9. c. 2. 14. ● . 4. 10 , 11 , 12 , 15 , 16. c. 5. 1. MY LOVE , MY DOVE , my Sister , my Spouse , a Garden , a x x Cant. 8. 12. Isa. 5. 1. to 10. Matth: 10. 1. ● . 10. Vineyard , y y Psal. ●●2 . Heb. 12. ●2 . Rev. 21. 2 to 24. 1 Pet. 2 6. a City , a Congregation an Assembly , Sion , Jerusalem an z z 1 Pet. 2. 5 , c. 4. 17. 1 Tim. 4. 15. House , a a a Acts 20. 28. Ioh. 10 3 , to 17. Flocke , a b b 1 Cor. 12. 12. 27 Eph. 1. 22 , 23. Body , and the like ; to note it ; unity , that it is but ONE intire spirituall Corporation , though distributed into severall particular Congregations scattered ●ver the face of the whole World . This being an indubitable verity , strikes off the head of your Galiah , and subverts the very foundation of Independent Congregations , which would be absolute and compleat spirituall Bodies within 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 , experience , none can or may deny , unlesse he hath lost his sences , or means to subvert all humane Relations and Societies . And my [†] [†] Vindication page 30 , 31. Gulielmus Apollonius chap 3. 6. 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 Congregations in any one Christian Realm , Nation , Republike , are but one intire Church , though divided into severall squadrons for necessity and conveniency ; as one house is into many Roomes , one City into many Streets , Parishes , 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 Corporations , Congregations or Societies of men united into one common Politique Body , the whol body or greater part , hath by the Law of God , Nature Nations a lawful inherent jurisdiction over every particular member , or lesser part to make Laws and common Rules to obliege them for the safety , peace & benefit of the whol Body : In all Parliaments , Councels of State or War , Cities , Corporations , Societies , Courts of Iustice , Chapters Committees , yea in all elections of Magistrates , Ministers , Knights or Burgesses of Parliament , Majors of Cities , Masters Wardens of Companies ; heads or fellows of 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 greater part , not they to them . The like rule holds firme , and hath ever taken 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 Discipline that Congregation , or the major part thereof hath elected established .

Fourthly , It is a principle of the Law of Nature , and common Reason , which all Republikes , Churches , Societies of men in every age till this present , 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 , Congregations , 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 , regulated 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 major part at least assent . Hence the whole World have ever held the determioations , 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 , Synods m m See here Sect. 1. 3. ( approved by God , and the higher powers ordained by him : ) is not to advise , admonish , perswade , debate , n n Rom. 13. 1 , 2 ▪ or deliver their opinions of doubts , errors , mischiefes ; for this every private man hath power to do , and containes no stampe of p p See Master Rutherford , his due Rights of Presbyteries , Sect. 15. p. Gulielmus Apollonius , c. 3. and 6. See Section 3 ● Acts 15. Rom. 13. 1. 2 jurisdistion , 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 upon 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 jurisdictions ▪ not only by way of counsell but command . Thus children , servants , wives , Pulpits are by a naturall relation ( established by a Morall q q Exod. 20. Ephes. 5. 20. to 30. c. 6 , 1. to 9 Law and sundry divine Precepts ) subject to all the just Lawes , Orders , commands of 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 inferiours 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 Common-Councell ; Companies to their Masters , Wardens and Assistants ; Souldiers 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 disobedience . The same rule and reason holds as firmely in all Ecclesiasticall Relations : Take severall private Christians as Christians , or severall Parishes or Congregations , as they are such ; and it is certain one of them hath no Iurisdiction 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 Ministers , 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 , determinations Ecclesiasticall Censures of the whole . Representative Nationall , or Provinciall Church , Councell , ●ynod , ratified by Authority of Parliament , in a Regular way , under paine of Ob●inacy , 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 coe●cive power over every particular Church within their limits as for any particular Congregation , to claim or exerise a jurisdiction in point of direction or correction , over any or every particular member of it . Our Independents no doubt will grant , that if two or three 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 into 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 , Commons , 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 . 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 , Councell , Assembly , Parliament or Presbytery , ( even for this very end and purpose to prescribe such generall Canons , erect such a uniforme Church-government 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 * * See Guliel●us Apolloni●● , cap. 6. vigorous Lawes , which subject the particular persons , or Churches , who transgresse or contemne them to condigne punishment : as the reasons , Scriptures 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 [†] [†] For 〈◊〉 part 2. Homilies and by others : ( That it is a company of men outwardly professing 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 hereupon , 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 , Corpotion , Society , City considered in themselves , are compleate , perfect men , bodies , 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 persons , liberties , lands , estates , Children , servants , is good and absolute against all other private persons or corporations , who have no power to deprive them of them but yet subordinate to the publike interest and power of the whole kingdom , Pa●●ia . who may command or dispose of them upon all just occasions for the safety and service of that common bodywhere of they are all Members , which may give Laws ( of common right ) to all , and deprive them of all private interests , priviledges for the publike good ; Salus popul● , being Suprema lex , to which all Privadoes must submit . So it is with every particular Christian , Congregation ; As a private Christian , or Church , they have a private compleatnesse , 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 Parliament , ( the representative Church and State of England , ) who may prescribe Laws unto them , and to the Civil Magistrate , who may both censure & correct them to . For example , if any particular Congregation , or any Pastor , or Member of it , shall abuse or exceed their private power , to the oppression of any of the●● 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 ; injure their owne Members without giving them satisfaction or reliefe : entertaine all sorts of Sectaries ; deny communion in Sacraments or other Ordinances 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 ; Vsu●pe 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 Ecclesiassticall 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 subordinate Member , Subject to the Lawes , Ordinances , Determinations , censures of the whole Church of that Nation , combined in Parliament , and to Nationall , Provinciall Synods and Presbyteries , established by common consent in Parliament , as well as every Member of a Family , City , Society Kingdom , Army , or Realm , is subordinate to the 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 seditious Par●dox , destructive to all Republikes , and Societies of men ; A Cockatrice fit to be crushed in the shell , ere it prove a devouring Serpent to Church and State , as you may discerne by these instances in my Brothers way of arguing ; For may not any Independent Company , 〈◊〉 Regiment or Brigade , in our Armies argue just in this very straine ? Every Company , Troop , Regiment , Brigade , is a compleate body of it selfe , having an its owne necessary 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 , family , 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 alleage , 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 pillars , foundations of all Government , Order , Peace , Vnity , both in Church and State ,

But my Brother Objects 3. things to make good his Argument . ●bject . 1. 1. That if there were no other particular Church in the world then one , as that of Abrahams family should it not be a compleat Church , Vindication page 18. untill there were other Churches ; on whose jurisdiction it should depend ?

I answer yes : Answer . 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 Almanacks 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 Independent absolute Church in every family ? ( at least , where there is a sufficient number requisite to make up a ministeriall body ) as you interpret it ▪ what then will become of your congregationall Churches , and our Parochial , consisting of many great families ? they must by this new Doctrine , divide themselves presently into so many families , or Independent Churches , as there are great families in them ; and then I hope , the * * See Dr. Fi●● o● the Church , l. 1. c. 1 , 2. Gen. 4. 3 , 4 , 5. Heb. 11. 4. 〈◊〉 5. 8. ●● . 18 19. c. 22. 2. to 15. Master of the family onely , not an Independent Minister must be their Paster and Ruler , as Abraham was in his , and then farewell the office of Minister , ( which some of your Lay Elders exercise without scruple , denying the very calling of Ministers ) and all our Churches too , Brother , will you argue thus ? Adam was a 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 Families , 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 ; Kingdomes , they thereby lost their pristine liberty , absolutenesse , independencie , compleatnesse , 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 under 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 , Determinations , Government , and Discipline of the whole Nationall Church and Kingdome , of which they are but members ; which to preserve publike peace , unity , order , amity , ought constantly to be governed by the self-same generall Ecclesiasticall Lawes , setled by the common consent of all their severall National Synods , and Parliaments , as Civill Lawes are , which oblige all .

But this saith my a a Object . 2. Brother in the second place , takes away the lawfull Jurisdiction and rights of particular Churches : Vindication , p. 18 , &c. Ergo it is not to be admitted .

I answer first : Answ. By the like reason you may argue ; the joyning of many particular persons into one family , of divers families into one Parish , of sundry Parishes into one City , of divers Citie into one State ; of sundry States and Kingdomes into one Monarchy or Empire : of divers Companies and Regiments into one Army ; of sundry Knights , Citizens . Burgess●● , and Peeres , into one Parliament , and many Ministers into one Synod , deprives them of their Independency , their particular Rights , Interests , and subjects them to a new superiour power , 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 rather 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 an b b Pro. 11. 14. Eccles. 4. 9 , 10 , 11 , 12. whole Parliament and Assembly of the most wise , ablest , and best experienced Christians , Nobles , Divines , after long debate and consideration ; or by the private rash Opinions , and perchance passions , humours , of two or three private persons , perhaps directed , swayed by particuler interests , relations , ends ? Which is justest , safest , or most remote from Tyrannicall , Arbitrary and Papall Government , for Churches , States , Persons , to be all confined to certaine publicke Lawes and Canons , enacted by common consent in Parliament , limiting who shall be admitted to , who secluded from the Congregation , Sacrament , communion of Saints , &c. and for what causes , offences , in certaine , &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 restrain 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 England c c Fortesoue de Laudibas logum Angliae . c. 36. Magna Charta , c. 29. The Petition of Right . 3 Carol. See ●udge Crookes a●d Huttons Arguments concerning Ship-money . That we neither may , nor can be legally bound by any Lawes , Canons , Taxes , or Commands , 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 particular 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 , Christians shall be equally obliged without exemption ( then to be left at six and seven , to what Rules , Covenants , Orders , Censures , Government , Discipline , every private Minister , Eldership , or every major part of a congregation shall arbitrarily prescribe unto their members as suitable to the Word ? No doubt he that hath a 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 Physitians upon debate , then to one or two Doctors , or Apothecaries . Whence the policies of all States , Churches in all Ages , have reserved the power of making Lawes , and setling matters of greatest moment to their most generall Councells , Parliaments , and Assemblies , not to Cabinet Counsells or Vesteries . Brother , it is , a true rule of d d Polit. l. 3. c. 7. 11 , 12. Aristotle ; that men are better governed by Laws , which continue constant , inpartiall , inflexible , then by Men whose lusts , passions , interests and private ends , doe for the most part byasse them awry ; holds as well in Ecclesiasticall , 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 my x x Vindication , p. 1● . Brother objects is : Object . 3. 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 Conso●iatione Ecclesiarum , and De Synodis privatis .

To this I answer . Answ. 1. That there is no such thing in the first Century , my Brother 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 pretend . For first they were all subject to the Apostles rules and directions , both Churches , Ministers , Elders , as is evident by the whole History of the Acts , and all the Epistles written to those Churches after they were planted , prescribing Rules , and Directions to them for to follow ; by Pauls sending for the Elders of the Church of Ephesus to him , to Miletus , and giving them there a charge concerning 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 equall interest , as is cleare by the f f Ser Cent. 2 c. 7. Guliclmus , Appolonius , c. 3 6. 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 ELDERS 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 Independents then ; they would have quarrelled both this Synod and its Decrees , as * * Reply to A. ● p. 70. to 73. Vi●dication ● 65. to 70. 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 compleate 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 , submitted to the observation of these Synodall Decrees , which our Independent Churches will not stoop to ; saying , Their Churches are absolute intirely their owne g g Pag. 12. 4. who 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 different from them , to uniformity with them , in things convenient and just , as this Text manifests , then by like reason the just Decrees , and Canons of many Churches combined , ought to oblige particular Churches which are under their precincts .

3. Though the Church of Corinth did not exercise Jurisdiction , or claime a power over the Church of Philippi , nor one of the seven Churches exercise a Jurisdiction over the other , as they were single Churches , and under 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 manifest , and they all combined in a Synod , had power by their Deputies one over another not as particular Churches , See Gulicimus Appollonius . but as a Synod wherein they were all combined ; as the second Century , cap. 7. Master Rutherford his due Right of Presbitires , Art. 15. p. 355. to 480. to whom I sha ; ; refer the Reader : My Brothers Argument therefore is but this in substance .

The Church of 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 Parliament , 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. My h h Page 42. to . v. 6. 57. Brother & other Independents generally grant , that every Congregation may and ought to give an account of their actions , The Apologeticall Narration , see Master Edwards Antapologia , p. 126 , 127. to 151. 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 Nationall Synod , Parliament or Presbitery ; which reason i i Mr - Edwards , Mr. Rutherford , Dr. Sicward . others having largely 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 enjoy or challenge but onely yours . If all particuler Churches enjoy this priviledge , 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 consciences free ; then * * An Answer to Mr. Prynnes 12. Queres . p. 2 3. avers , this in direct termes . 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 the k k Aluarus Pelagius de planctu . Eccles. 1. Artic. 6. 13 , 31 , 34 , 35 , 37. Augustinus Triumphans . Cassaneus Catalogus gloriae Mundi p. 7. 4. cons●d . Pope himself , who claimes this priviledge , 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 Independent Minister and Congregation , a meer Antichristian Pope l l 2 Thes. 2. Obiect 5. exalting it above all that is called God , as immediately subiect to none but Christ .

My m m Vindication . p. 33. to 37 Brothers fifth Objection is : That Christ should be very unfaithfull , carelesse , 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 .

I Answer 1. In generall , Answ. In generall , that this is onely words , not proofes ; matters of fact ( as this now controverted is ) must be ever proved by reall visible demonstrations , 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 produce some down-right Scripture proofes of what really is : what Philip spake in one sence to our Saviour n n Ioh. 14. 8. Shew 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 Inferences 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 Discipline 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 Tabernacle , 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 Supper , 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 Sabbath , 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 , o o See Christ on his Thron . The Protestation protested and Vindication passim . exempting them from the Ceremoniall 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 then p p Vindication , p. 8. Heresie , 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 his q q Psalm . 1●9 . 105. 2 Tim. 3. 15. ●6 , 17. Word , 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 ordering , 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 Churches , The Scripture hath r r Gal. 6. 16 Ephes. c. p. 5 , & 6. 1 Tim. ● . 3. 1 Cor. 10. 31 , 32 , 33. Phil. 4. 8 , 9. 1 Pet. 2 , 3. Rom. 12. 13. 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 conscience , and controversies that frequently arise concerning them : yet Christ is not unfaithfull , because he hath left his Church sufficient rules , and meanes of salvation in generall or particular , to bring it safe to heaven .

4 The providing of godly and faithfull s s Mat. 9. 3● Ephes. 4. 11. 12. 13. 2 Chron. 9. 8. Ier. 3. 15. c. 23. 4. Ezech. 34. 5. & Zach. 10. Ministers , 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 are t t Mat. 9. 36 Iohn 10. Acts 20. 29. 2 Pet. 2. 1. to 20. 1 Tim. 4. 1. to 2 Tim. 3. to 10. left 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 , Object . 4. * * Vindication . p. 7. We should have a mad world of it if Civill States , Magistrates , 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 , Answ. v v Vindication , p. 51. 70. that 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 , Parliament , Church , or Realme shall conceive , and be perswaded in their consciences , 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 inv●ntions , superstitions , or corruption will this introduce ? Shall they be Hereticks presently for such a choise , as x x Page 8. you define them ? Shall private men have more liberty of choise , or conscience then whole Nations , Synods , Parliaments ; or more wisedome , temper , knowledge , discretion , conscience then they ? Indeed I have read of one Parliament stiled the y y Parliamentorum insanum . Matthew Paris Hist. Angl. in Mad , and another the z z Parliamentum Indoctorum . Thomas Walsingham , Hist. Angliae An. 400. p. 414 Speed p. 775. Sir Edward Cookes 4. Institutes , ch. 1. unlearned , 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 private persons or congregations . But doubtlesse all reasonable men will and must acknowledge , * * Eccles. 4. 9. that two are better then one ; a whole Court of Iustice lesse liable to errour and corruption then a particul●r Judge ; a whole Parliament then a Committee ; an whole Synod then a private Conventicle or congregation : Then tell me in sober sadnesse ( good Brother ) whether your Independent Assertion . * * Vindication , p. 56. to 60. An Answer to Mr. Prynnes 12 questions . p. 2 , 3. 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 congregation , sect , and vent his owne erronious schismaticall Opinions without control : when every man shall have priviledge to doe * * Iudges 17. 6. c. 18. 1. c. 31. 25. 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 , Counties , 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 licentiousnesse 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 .

My n n Vindication , p. 16. 32 66 , 68 , 69. Brothers sixth Objection is this , Object . 6. 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 binding Determinations , Lawes , Canons , Decrees in any Ecclesiasticall matters , to oblige 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 Vs , 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 , PATTERNE , FOR ANY COVNCELL , SYNOD , PARLIAMENT . Thus my Brother Burton concludes hence with abundance of confidence .

But sweet Brother , Answ. 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 Apostles d d 2 Pet. 1. 〈◊〉 Mat 26. 19. 20. 1 Cor. 14. 37. 1 Pet. 4. 11. Preached , ( 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 , being 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 asseverations of the Divinity of your Independent way ? your Disciples and congregation may make wast paper of them , instead of reading them , as the Oracles of God a some ignorants perchance esteem them . 2. Christ and his Apostle , when they ordained Elders , and laid their hands upon them , did usually e e Iohn 20. 22 , 23. Acts 2 , ● & 15. to 20. Acts 11. 15. 〈◊〉 . c. 13. 1. to 5. c. 19. 1. to 7. give them the holy Ghost , and gift of tongues ( who fel upon the parties ordained , and those to whom they Preached ) and to those whom they f f Mat. 3. 11. Acts 10. 34. to 4● . 〈◊〉 1. 15 , 16 , 17. c. 15. 8. c. ●9 . 1. to 7. Baptized ( as the marginall texts assure us ) which no Ministers nor Elders can do now : Ergo no Ministers may or can now ordain any Ministers by imposition of hands , nor baptize any children or men , nor preach the Gospel to any , because they cannot give them the gifts of Tongues , nor cause the Holy Ghost to fall upon them , as Christ and the Apostles did . 3. g g See Exod. 20. & Deut. 2. to 20. &c , Levit. and Numbers throughout . 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 people by , because they receive them not immediately from God , by an infallible spirit . 4. Christ sent none to Preach the Gospel , or administer the Sacraments , but such whom himself , immediatly called , ordained , furnished miraculously with gifts of tongues , and with the Holy Ghost , ( A priviledge peculier to the Apostles , and some few others in their daies , not communicable to any ordinary Ministers ) and made Elders , and Bishops by the Holy Ghost . h h See Mat. 10 5 , ● . 28. 19 , 20. Mat. 1● . 15 , 16 Acts 20. 28. c. 13. 2 Rom. 1. 1. 1 Cor. 1. 1 Gal. 1. 1. See . ( ● ) before . Ergo No Ministers but such who are thus immediately enabled , endued and ordained by the Holy Ghost , may or ought to preach the Gospel : And then where are all your Independent Ministers , and Lay-preachers ? I hope Brother by this time , you most renounce your Argument as absurd , or else your Preaching , Church , 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 . Such i i Acts 4. 19 20. c. 5. 28 , 29 , &c. indeed you may disobey , but to all others you k k Rom. 13. 1 to 7. 1 Pet. 2. 15 , 16. must 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 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 argue l l Iam. 3. 2. in 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 you m m 1 Tim. 5. ●3 . drink no wine at all , as the Apostle gives Timothy advise 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 n n Mat. 18. 20 Iohn 16. 15. are 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 , o o Eccles: 4 3 to 13. That two are better then on● p p Prov. 11. 14 that 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 Councell● , Assemblies , Parliaments , as the most effectuall meanes to discover , suppresse errours , heresies , and resolve doubts ; for which we have an unanswerable pregnant president in the Old Testament , 2 Chron. 30. 1. to the end : where King Hezechiah , with all the Princes and Congregation of Israel and Iudah ( assembled in full Parliament at Ierusalem ) upon solemn debate resolved , AND ESTABLISHED A DECREE , to keep the Passeover in the second moneth , because 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 Nationall 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 errour , 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 resolved some things of his kind by his owne private spirit without the spirit of God , especially inspiring him ; to which yet we all submit , as is clear by 1. Cor. 7. ● . 11 , to 40. For that clause concerning the holy Ghost I shall give you a very full answer to it , First it is 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 ; were q q Vindication . p , 6● , not only Apostles indued with in infallible spirit : but likewise 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 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 , Synods , 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 to r r Luk 11. 13 pray for , and hath s s Rom. 15. 16 Tit. 3. 5. 2 Thes. 2. c. 13. versa 1 , 2. & Iohn , 14. 16. Heb. 6. 4. Ephes. 2. 22. Iam. 4. 5. 2 Iohn . 4. 13. Rom. 8. 12. 2 Tim. 1. 14. promised to give the holy Ghost and his Spirit to those that ask him : yea , the Scripture is expresse , 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 ; but v v 1 Cor. 6. 19. avers that their very bodies are the Temples of the holy Ghost which dwelleth in them , that x x Ioh. 16. 15 he 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 reforme 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 extraordinary providence and assistance from Heaven , which they have importuned in the work ) as well as the Apostles , Elders , and Brethren then ; since we and they have y y 1 Cor. 12. 6 to 14. 1 Cor. 1. 12 all one and the self same spirit ( though in a different measure ) by which spirit we are all Baptized into one body ; and have all been made to drinke into ONE SPIRIT . I cannot discerne .

Thirdly , all Christians are expresly commanded , to z z Iude 20 , Rom. 9. 23. 26 , 27 : Eph: 6 : 18 : pray in the Holy Ghost ; to pray in the Spirit , and sing in the Spirit , in which duties the Spirit helpeth our infirmities : yea the Scriptures are direct ; that Christians are not only a a Ioh: 3. 5 : 6. 8 : Eph: 1 : 13 : 2 Cor: 5 : 5 : 1 Cor: 14 ▪ 14 : 11 : 16 : Regenerated , quickned , sanctified by the Holy Ghost , and Spirit of Christ , and receive the earnest and first fruits thereof ; b b Gal: 5 : 16 : 18 : 25 : 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 great c c Acts 2 : 17 : Ioel 2 : 28 : 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 be d d Luke ● : 15 ▪ 35 : 41 : c. 2 : 25 : Acts 2 : 33 : 38 c : 4 : 31 : c : 6 : 3 : 5 ▪ c : 7 : 55 : c. 9 ▪ 11 : c : 10. 47 : c. 11 : 15 16. c : 13 : 9 : 52 : Rom: 6 : 5 : and 6 : 4 : Iohn 7 ▪ 39 : c : 15 : 26 : filled with him , whence we read that Steven , and sundry others who were not Apostle● , were filled with the Holy Ghost , full of the Holy Ghost , partakers of the holy Ghost ; and I hope Brother , you and all other godly Ministers do both pray , and preach in , through , and by the Holy Ghost , and spirit of Christ : yea I doubt not but you inform your new Proselites , Members , how by the spirits direction you gathered your Independent Church ; prescribed them your new Covenant , Discipline , Government , that you exhort , teach , instruct , comfort wounded 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 wil be 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 evidence , and demonstration thereof e e Mat : 5 : 13 : Mar. 9 : 49 , 50. 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 Parliament of Godly Religious Lords and Commons , with an Assembly of Reverend Divines , now assisted with the prayers of all godly people , to settle a Church-Government , Discipline , Worship , according to the will and word of Christ in all things , may not engrave this Motto : ( It seemeth good to the Holy Ghost , and to us , to order and settle things thus , &c. ) on all their determinations , resolutions , ( as Councels have usually done in former time , from this very Te●t ) you cannot re●der the least dram of reason . Object . 3. If you alledge ( which is all that can be f f See Mr: Goodwint Thromichia : p. 48 : 49 : 50 : and his Serm: Feb. 25 : 1643 : 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 * * 2. Chron. 6. 30. 2 , Tim , 2 , 19 ▪ onely known to God , not you , who onely kn●weth who are his , and hath made you no Iudges of their hear●s ; whose persons for the most part ( I dare say ) you do not ●●miliarly know . Secondly , admit there may be some few among them , who have not Gods sanctifying spirit ; Answ. yet I doubt not but very many , if not the major part of them have , as their zealous actions and proceedings evidence to all the World , in despite of all jealou●ies , or 〈◊〉 ; and the 〈◊〉 or a great part being such ; they may now as wel use this expression , 〈◊〉 the Apostles , Brethr●n , 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 forb●rn , that sco●●e you put upon our Assembly and Parliament : A Cardinall in the C●●clave at Viterbium , after almost 3. yeers agitation [ As g g Vindication : p. 16. many yeers * * It is well Brother you have so be st●●red your selfe , as not only to have founded but built a Church in far lesse space : 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 r●se up , and said , Domine , &c , Let us uncover the roos of this chamber , seeing that the Holy Ghost cannot get in unto us through so many Tiles : which I will not aggravate . Thirdly , it is h h Vindication p : 68 : your own Dogmaticall 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 consent 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 of i i Numb . 22 : & 23 & 24 : Ba●●●● k k 1 Sam: 10 , 11 , 121 Saul , amongst the Prophets , l l Iohn 11 : 49 : to 53 : Caiphas , m m Acts 5 , & Ioh: 6 : 70 : 71 : Gama●●● , Iudas , and infinite others , by daily experience as wel Ministers and People ; as he made use of o o 2 Cron : 36 : 22 , 23 : Ezr: 1 ● to 9 : c : 3. 76. 5 : 13 : to 17 : c : 6 : 3. to 14 : c : 7 : 7 : to 121 c : 8 : 1 : Esay 44 , 28 : Cyrus , Darius , Artaxerxes with other heathen Princes to build his Temple , and restore his worship in it ; and therefore admit the most you can imagine of the members of the Parliament and Assembly ( which deserve the highest , honourable , 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 holinesse 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 : p p Vindication , p. 69 : Shew this to us and WE WILL OBEY .

And thus Deare Brother ( seeing truth is ●●earest to you and me , and that which I hope we both 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 depart from off the publick Theatre like q q M●nucij Felicis , Octavius , at the end : Cecilius , Octavius , and Menucius Felix , 〈◊〉 hac sati hilaresque dicessimus ; Caecilius quod crediderat , Octavius gaudens quod vicerit ; Et ego , quod hic crediderit , & hic vicerit .

What else 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 .
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