Truth Triumphing Over Falsehood, Treatise · Section 2

Truth Triumphing Over Falsehood · Treatise · Section 2

p. 13Sect. 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 onelyonly 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, p. 14Authors 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, asaaDe …ita Conſtantini: l 3. c. 10. 12. 13. Euſebius withbbNicephotus 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 byccEuſebius 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,ddSocra. 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.ee…. 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 (asffEccleſ. 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.ggNicephotus 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, hhSurius 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 p. 15temporalliiActio. 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 CouncellkkAct. 1. p. 831 Evagrius l. 2. c. 4. Iewells defence of the Apology par…. 6. c. 14. di…if. 1. p. 745. 746. 747.Acts 1 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 EmperourllLiberatus 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 mmSocrat. 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 onelyonly the Catholikes, and condemned the confesſion written by the Arrians and Eumonians, and tore them in pieces.

nnActio 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,ooImperatoris 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 p. 16we thinke needfull to advertiſe you and the whole Synod, that not onelyonly 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;ppImperatoris 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 EmperourqqOratio 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 CouncellrrEpiſt. 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. kkSu…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.llSurius 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. ThemmSurius 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. nnSurius 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 p. 17other 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;ooBochell… 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 Clergymen to be obſerved. Lo here the King preſcribes this Councell particularly in writing what Articles they ſhould treat of. In theppSurius 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 Laymen) preſent at them, ſwaying and directing them as they thought meet, though in ſome of them the Popes faction bare the greateſt ſtroke as the 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 ofqqActa 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 onelyonly 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. p. 189. 22. to 30. c. 16, 4. c. 21. 22.) That Lay-men were not onelyonly preſent, but had Votes and conſents in the firſt Apoſtolicall Councels. In the aaActa 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 bbSee 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.ccRegino ſub An. 787. of Wormes Anno 787. of Meaux Anno 845. of Piſtis Anno 863. of Tribur under King Arnulph, of ddRigardus 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 eeJean 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 ffSurius, Binius, Crab.Toledo 6. 8. & 12. of ggLuitprandius rerum per Europ geſt. l. 6 c. 6, 10, 11.Rome under Otho the firſt: of hhMartinus Polonus in Hen. 3. ſub An. 1058.Wormes under Henry the third: in the iiMatth. Weſt An. 905.Councell held in the South part of England An. 903. under King Edward and Raymond:kkNubrigenſis 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 Clergiemen 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 llChron. Pauli …angii An. 1417. Petro … en la vita de Sigiſmundo.Councell of Conſtance there were preſent not onelyonly 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 Ʋniverſities, who were not debarred from voices, and power of deliberating therein. In the firſt mmApologia 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, Ʋniverſities, 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 nnEccleſ. 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 ooTheodoricus 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 ppIdem ibidem.Lateran under Pope Leo and the Emperour Otho, the Pope himſelfe in his Speech p. 19to the Emperour, confeſſeth, that that Councell conſiſted not onelyonly of Clergymen, 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 qqLib. 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 rrWill. 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 ſſIn Dialogo cum Marcionitis.Origen and the Marcionites, who were condemned by him. If Pagan Philoſopehrs then ttSee 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 onelyonly 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 uuAuguſtin. 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: VponUpon 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: xxAuguſt. 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 p. 20ſurrender up to the Catholikes thoſe Churches which I allowed them of courteſie untill the day of ſentence, without Commiſſion from the Emperour.yySozomen 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, zzEpiſt. 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 aaDefenſor. …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 Clergiemen: 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,bbPage 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 ccLib. 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. HencerrHiſtor. 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 p. 21ſuffer 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 ſſEadmarus 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, ttEx 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 vvNe 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 p. 24attemptaret: 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 xxAntiqu. Eccleſiae Brit. p. 210, 211, 212. 209. Thomas VValſingham. 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 yy25. 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 p. 23Biſhop 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 vvFox 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.

p. 24In this Conference, I ſhall onelyonly 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 onelyonly 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 hiszzCanons 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 hisaaDeclaration 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 p. 25his 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 onelyonly 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 onelyonly 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 p. 26u…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 VsUs 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 p. 27and 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.

p. 28To 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.

p. 29The 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, 'twas therefore onelyonly becauſe in thoſe dayes they had no Chriſtian Kings: And it was then ſo onelyonly 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 VsUs, limited and preſcribed unto them, & have thereupon offered and preſented the ſame unto VsUs moſt humbly deſiring VsUs 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 VsUs. 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 onelyonly 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, p. 30both 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 VsUs 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.

p. 31Where 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 aaSee 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 bbLeges 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 theccBiſh. 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 bydd24. 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 theee1. Eliz. c. 1. 3. Jac c. 4, 5.Jas 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;ffJudg. 11. 8, to 15. Epheſ. 5. 22, 23, 24. 1 Cor. 11. 3, to 12.Judg 11:8–15Eph 5:22Eph 5:23Eph 5:241 Cor 11:3–12 as of the head of the family, to regulate and direct the p. 32family, 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 onelyonlyggMatth. 18. … Ma…k 10. 15.Matt 18 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 onelyonly 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 otherhh25. 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) onelyonly 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 iiActs 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.Acts 17:111 John 4:12 John 1:7–12Col 2:8Col 2:18Col 2:19Phil 3:21 Thess 5:2Gal 1:6Gal 1:7Gal 1:8Gal 1:91 Cor 10:15try 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 theiiActs 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.Acts 17:111 John 4:12 John 1:7–12Col 2:8Col 2:18Col 2:19Phil 3:21 Thess 5:2Gal 1:6Gal 1:7Gal 1:8Gal 1:91 Cor 10:15 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 kkSee Chryſoſtom Theodoret. Theophylact. in Rom. 1…. Dr Ora…nthorp of the Popes temporall Monarchy.Rom 1Biſhops, 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: llParaeus in Rom. 13. dub. 5. See Dr Wil…et and Peter Martyr ibid.Rom 13Therefore they ought to be regulated and directed by them, when aſſembled by their Writs in Councels or Synods for their spirituall good.