Truth Triumphing Over Falsehood, Treatise · Section 3 · Floating text 1 – Floating text 2
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 VNTOUNTO 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 aCrompton 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,bWalſingham 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 cWalſingham 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 piousdActs 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 ePart. 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,fThe 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 Antiquarumyou 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. ſtiledgSee 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 thehCaroli 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 CAPJTƲLIS 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, iActs 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 Churchgovernment. 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 themIb. 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 thenIb. 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.oIb. 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 thepIb. f. 442. Lawes of the Saxons, cap, 2. ſect. 8, 9. There are ſome Lawes relating to the Church. In theqIbid. 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 therIbid. 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.ſIb. 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 inrCodicis, 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 theuHector 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 ofxSee 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.