Truth Triumphing Over Falsehood, Treatise · Section 3 (2 of 3)

Truth Triumphing Over Falsehood · Treatise · Section 3 (2 of 3)

p. 54To paſſe from theſe to our owne domeſticke Preſidents: It is moſt apparent, by numerous punctuall Examples, that the Clergy of England alone, had never any lawfull Juriſdiction veſted in them, to make binding Eccleſiaſticall Lawes or Canons, in our Synods and Convocations, in any age, without our Kings, Nobles, and Parliaments aſſents and approbations: That all, or moſt of our ancient Councells, Synods, Convocations, were aaSyelmanni Con…. p. 5. 9.nought elſe but Parliaments; wherein p. 55our Kings, Nobles, Senators, and Commons were perſonally preſent, as well as Biſhops or Clergy-men: And that all matters concerning Religion, Church-Government, Ceremonies, with all binding Lawes, Canons, Articles relating thereunto, have, ſince the firſt planting of Religion in this our Iſland till this preſent time, beene alwayes ſetled, reſolved, confirmed, in, and by Parliaments; or ſuch Councells and Synods, wherein our Kings, Nobles, Commons were preſent, and had deciſive Votes.

It is the received opinion of all our Antiquaries and Hiſtorians, that bbSpelmanni Concil. p. 34. Jac Vſſer. De Britannie. Eccleſ. Primord. cap 6 pag. 101. Harriſon. Deſcript. of Brit. l. 1. c. 9. Guliel. Lombard. Arch. Godwin. Of the Converſion of Brit. p. 33, 34. Holinſhed, Fox, and others.King 1Lucius was the firſt Chriſtian King of this Iſland, and the firſt Prince in the world that embraced the Chriſtian Faith. That about the yeare of our Lord 185. hee writing to Pope Elutherius, to ſend him the Romane and Imperiall Lawes, whereby to governe his people, (then newly converted to Chriſt,) the modeſt Pope returned him this anſwer; You have requeſted the Romane and Caeſarean Lawes to bee tranſmitted to you from Ʋs, which you would uſe in the Kingdome of Britaine: The Romane and Caeſarean Lawes Wee may at all times reject; but the Law of God by no meanes. You have lately, by Gods mercy, received the Law and Faith of Chriſt in the Kingdom of Britaine; You have with you in the Realme both Teſtaments; out of them, by Gods grace, PER CONSILIƲM REGNI VESTRI, SƲME LEGEM; By the Councell of Your Realme, (not of your Clergy or Prelates) take a Law; and by it, through Gods power, You may governe Your Realm of Britain: For You are Gods Vicar (as ccLib. 1. c. 8. l. 2. c. 14. Rex, cum ſit DEI VICARIVS. Selden. Analect. l. 1. c. 6. Jac. Vſſer. De Brit. Eccleſ. Primordiis. p. 104.Bracton likewiſe ſtiles our Kings) in Your Realme, &c. Lo here the Pope himſelfe reſolves, the King and great Councell of this Realme (the Parliament, not Clergy or Convocation) to bee the only proper makers of Lawes to govern the Church and Kingdom by.

Anno 446.ddBeda Eccleſ. Hiſt. l. 1. cap. 17. Matth. Weſtm. Anno 446. Spelman. Concil. p. 8. cum aliis. Germanus and Lupus, two learned Biſhops, being ſent hither out of France, to ſuppreſſe the ſpreading, dangerous Pelagian Hereſie, there was upon this occaſion a Synod aſſembled at Verolam; whereunto, a numerous multitude of men, together with their wives and children, repaired: ADERAT POPVLVS, EXPECTABATVR FVTVRVS IVDEX, The People were 2preſent, & expected to be the future Judge: Adſtabant partes, diſpari conditione conſimiles. Indè divina fides; hinc humana praeſumptio: indè Chriſtus; hinc Pelagius, autor perverſae pravitatis, &c. After a long diſpute, Vanity is convinced, confounded; perfidiouſneſſe refuted, being unable to anſwer the objections. POPVLVS ARBITER vix manus continet, JVDICIVM CVM CLAMORE CONTESTANDO, &c. The People being Arbitrator, ſcarce hold their hands, GIVING IVDGEMENT with a ſhout: Theſe things thus acted, an innumerable company of both Sexes were converted to the Lord. In this firſt Synod, that wee read of, held within our Iſland, the People were preſent, as well as the Clergy, and that not only as Auditors, but Judges, giving the finall Sentence in this great controverſie concerning Religion.

Anno 449. There was another eeBeda Eccleſ. Hiſt. l 1. c. 21. Matth. Weſtm Anno 449. Spelman. pag. 49.Britiſh Councell, held by the ſaid Germanus 3and Severus, MAGNOQƲE Clericorum ET LAICORƲM NƲ MERO, and a great number of Clergy-men and LAY-MEN, againſt the reviving Errors of Pelagius, and King Vortigerne's inceſtuous marriage with his daughter; OMNIƲMQƲE SENTENTIA pravitatum perverſitas cum p. 56ſuis Autoribus condemnatur: So that the Laity, as well as the Clergy, gave Sentence in this Synod againſt this Hereſie and the Authors of it. Nennius cap. 37. addes of this Councell, concerning Vortigerne, Dum conventa eſſet magna Synodus Clericorum ET LAICORƲM in uno Concilio, &c. Ipſe Rex maledictus eſt, & damnatur à beato Germano, & OMNI CONCILIO BRITONƲM. So that Lay-men were preſent, and gave ſentence together with the Clergy, in this ſecond Synod held in this our Iſle.

4About the yeare 612.ffBeda Eccleſ. Hiſt. l. 2. cap. 5. King Ethelbert, Genti ſuae Decreta Judiciorum (as well in Eccleſiaſticall as Temporall cauſes,) juxta exempla Romanorum, CVM CONCILIO SAPENTƲM INSTITƲIT, &c. as Beda witneſſeth.

About the yeare 627.ggBeda Eccleſ. Hiſt. l. 2. c. 12, 13, 14. Huntingdon. Hiſt. l. 3. p. 1328 Edwin King of Northumberland being perſwaded to 5become a Chriſtian, returned this anſwer, That he was about to conferre with his friends and COƲNSELLORS concerning this thing, and that if they would agree in opinion with him, they would all be conſecrated to Chriſt together in the Fountaine of life: Hee did as hee had ſaid; Habito enim CƲM SAPIENTIBƲS CONCILIO, For, holding a Councell with his wiſe-men, hee demanded ſeverally of them all, What this Doctrine, which they had not hitherto heard of, and the new worſhip of the Deity which was preached, ſeemed to them? And after ſome debate, Coifi declaring his opinion, that their former Religion had no vertue in it, and that the Chriſtian was farre better, and to bee imbraced; the reſt of the Elders and Kings Counſellors concurred in opinion with him: Whereupon they reſolved forthwith to anathematize, and burne with fire, the Altars and Temples they had conſecrated, without fruit, with the Idols in them: Which done, King Edwin, with all the Nobles of his Nation, and very many of the common people, imbraced the Chriſtian Faith, and were Baptized. Leo here, a Pagan King and his Parliament determine the Chriſtian Religion to be trueſt; and thereupon renounce their former Idolatry, and reſolve to embrace the Chriſtian Faith.

6In the yeare 663. there was a great Councell held athhBeda Eccleſ. Hiſt. l. 3. cap. 25. Matth. Weſtm. Anno 663. Fox Acts & Mon 1610. p. 111, 112, Speeds Hiſtory of great Brit. p. 295, 296. Spelm. Concil. p. 146. to 150. with infinite others. Strenaeſhale, to decide the controverſie concerning the due time of keeping Eaſter: in which Councell, King Oſwey and his ſonne Alfred, with MANY NOBLES, Biſhops, Clerks, and LAY-MEN were preſent. Colman and his Scottiſh Clergy maintained, that it ought to bee kept after the Jewiſh computation: Agilbert and his party held the contrary; that it ought to bee obſerved at the time the Weſterne Church ſolemnized it. The Councell being ſate, King Oſwey, who preſided in it, before any debate of the Controverſie, made a ſolemne Speech unto them, to this effect; (neceſſary for our times.) That it behoved thoſe who ſerved one God, to hold one rule of living, and ſerving him; and not to differ in the celebration of heavenly Sacraments, ſince they all expected one Kingdome in heaven: Therefore they ſhould rather inquire, which was the truer tradition, and that this ſhould bee commonly followed by all. Which ſaid, hee commanded Biſhop Colman to relate what Rite it was which hee obſerved, and whence it derived its originall: Which Colman doing, the King then commanded Biſhop Wilfrid, who was of the contrary party, to declare his opinion, and the grounds of it; which hee did: After long debate on either ſide, p. 57the King gave ſentence for VVilfreds opinion, againſt Colman and his party, becauſe St. Peter, who had the cuſtody of Heaven Gates, did (by Colmans owne confeſſion) keep Eaſter as VVilfred held they ought to doe. The King giving this reſolution with his hands lifted up to heaven; faverunt aſſidentes quique ſive aſtantes majores, unà cum mediocribus, et abdicata minus perfecta inſtitutione, ad ea quae meliora cognoverant ſeſe transferre festinabant: all the great and meane Perſons ſitting and ſtanding by concuring with the King, gave ſentence againſt Coleman for VVilfred, and obſerved Eaſter accordingly ever after in their practice. Here we finde the Clergy men only the debaters, but the King, Nobles, and Commons the ſole Judges and Reſolvers of this Controverſie, and that in a moſt eminent generall Nationall Councell.

Anno 673. there was a Councell held at Hertford under Theodor Archbiſhop 7of Canterbury, praeſentibus Epiſcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writesiiMatthew Weſtm. et Flor. Wigorn An. 673. Mathew Weſtminſter, at which all the Biſhops, Kings and great men of England were preſent. All theſe ſitting together, Theodor propounded ſome Chapters (or Canons concerning Church 8affaires) before Them all, which were afterwards aſſented to and ſubſcribed.

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

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

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

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

Anno 697. there was annSpelman Concil. p. 194. Councell held at Berghamſted in the 5th. yeare of the Reigne of Withred King of Kent, under Birtuald the high Prieſt of Britanny, Gybmund Biſhop of Rocheſter, and all the Eccleſiaſticall Orders, qui cum viris utique militaribus humaniſſimè et communi omnium aſſenſu has l…ges decrevre, Cantuariorumque Iuribus et conſuetudinibus prout ſequitur addendas, edixere The Lawes are 28. in number, all concerning Eccleſiaſticall matters, and are ſtiled in the Saxon Copy, Juditia Withredi, made in a Councel at Berghamsted, praeſentibus omnibus Ordinibus illius gentis, cum viris quibuſdam militaribus. So that this was no other but a Parliament, wherein the King, Nobles, Commons and p. 64Souldiers were preſent, as well as the Biſhops, promulging and con…enting to theſe Lawes.

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

About the yeare 714ppBeda Eccleſ. Hiſt. l. 21, 22, Spelm Concil. p. …26. Naitan King of Picts, received a letter from Abbot 13Celfred concerning the time of celebrating Eaſter, and Prieſts tonſure; which he deſired the King to cauſe to be obſerved throughout the Nation, over which God had made him Kings the King hereupon aſſembled a Councell of learned men, and of his Nobles; and reading the ſaid letter before them; Rex ſurgens DEMEDIQ OPTIMATVM SUORUM CONSESSV, kneled downe upon his knees, giving thanks to God, that he had deſerved to receive ſuch a gift from the Land of England; and profeſſed, that he would have this forme of keeping Eaſter, and tonſure to be perpetually obſerved throughout 14his Realme: which was preſently commanded by a royall Edict, to be put in publique execution and was accordingly performed.

Anno 724. There was aqqAntiqu. Eccleſ. B…it. p. …, 20. Synod held in Northumberland, by the Authority and favour of King Oſred wherein wilfrid by the Kings favour got the ſuperiority of his enemie. About foure yeares after, there was another Councell held at Worceſter under Archbiſhop Bertuald by Pope Conſtantines adviſe, not only of Religious perſons; Sed etiam regni Procerum, But likewiſe of 15the Nobles of the Realme.rrWil. Mat…esbur de Geſt. Angliae Pontiſel. 1. p. 197. Antiqu. Eccleſ. Bri… p. 12

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

The Eccleſiaſticall Canons in the Councell of Calchyth, ſſSpelman… Concil. p. 242 …45:Anno 787. were made and confirmed by Offa King of Mercians, and the ſecular Princes and Senators of the Land therein aſſembled, as well as by the Eccleſiaſticall Perſons: 17Convenerunt Omnes Principes regionis …tam Eccleſiaſtici quam Seculares &c. Tam REX QVAM PRINCIPESSVI, ttSpelmanni Concil p. 293 300, 301CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT.

Anno 7…9. aaMath. Woſtm: Anno 789Pope Alrians Legates held a Councell at Chalchyth; where Jambert Archbiſhop of Canterbury reſigned part of his Archbiſhoprick to the Biſhop of Litchfield, and Offa King of Mercians, who ſate chiefe in it, cauſed p. 65his Sonne Egfride to be crowned King, it being in truth a Parliament, as well as a Synod, antiently and yet ſtiled a COVNCELL.

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

Anno 794. at thexxSpelman; Concil. p. 313. 714. great Councell of Celichyth, there were preſent 9. Kings, 2015. Biſhops, and 20. Dukes, wherein the Reliques of Saint Alban were elevated, adorned, and a Monaſtery ſounded to enſhrine his bones: And the ſame yeare King Offa having aſſembled another Councell of his Biſhops and Nobles at Verolam: REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras, et poſſeſſiones innumeras, Monachorum 21quoque conventum ad tumbam congregavit, &c.

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

In thezzSpelman Concil. p. 318. Councell of Cloveſho under Kenulf King of Mercians An. 800. who ſummoned to that Synod Epiſcopos, DVCES, Abbates, & CVJVSCVNQVE 22ORDINISVIROS: there were ſeverall Canons made concerning matters of faith and the lands and revenue of the Church.

At theaaSpelman Concil. p. 327. 328. Synod of Celichyth held on the ſixth of Auguſt An. 816. under 23Kenulf King of Mercians, there were not onelyonly Biſhops, Abbots, Prieſts, and Deacons preſent in it, but the King himſelfe cum ſuis Principibus, Ducibus & Optimatibus; with his Princes, Dukes, Nobles, who made and publiſhed 11. Canons concerning matters of ſaith and Church affaires.

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

Anno 824. There was anotherccSpelman p. 334, 335 Synodall Aſſembly held at Cloveſho under the ſame king Beornulfe, and Wulfred Archbiſhop of Canterbury; aſſidentibus Epiſcopis, Abbatibus, & PRINCIPIBVS. MERCIORVM VNIVERSIS & MVLTI SAPIENTISSIMI VIRI CONGREGATI: to determine certaine Controverſies, and ſettle the lands of the Church, which they did accordingly; the Acts of this Councell were ſubſcribed by the king, 26his Dukes, & Nobles, as, well as by the Biſhops as you may ſee in the cloſe of it.

Anno 833. there was a eeIngulphi Hiſt p. 855. 859. Spelman Concil. p. 336. to 340.Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum, a Cauncell of all England: wherein were preſent Egbert King of Weſt-Saxons, and Withlaſius King of Mercians p. 60both the Archbiſhops of England, with the Biſhops and Nobles. In which they con…ted not onelyonly of Church affaires, but alſo about hindering the incurſions of the Danes; and confirmed divers Priviledges to the Abby of Crowland, by a Charter granted by this King in this Councel, ſubſcribed by the King, Dukes, and other Laymen, as well as by Biſhops and Abbots.

Anno 838. I findeff… p. 340 Concilium Pan-Anglicum held at Kingſton, wherein King Egbert and Ethelwolfe his Sonne ſate Preſidents, together with Ceolueth Archbiſhop, and the reſt of the Biſhops, & optimatibus Angliae and the chiefe men and Nobles at England,, wherein certain Charters of Lands given to the Church (formerly accorded to by the Nobles) were confirmed vnderunder pain of excommunication, and curſes to the infringers of them. About which timegg…lector Boetius l. 10. Spel. p. 340, 341, 342. Keneth king of Scots, compiled and publiſhed certain Eccleſiaſticall Lawes, intermixed with 28temporall, made in a Parliamentary Councell, not an Epiſcopall Synod.

hh… p. 858. Spelmanni Concil. p 344.Anno 851. there was a Councell held at Kingsbury, under Bertulph King of Mercia, praeſentibus Ceolnotho Dorobernenſi Archiepiſcopo, caeteriſque Regni Merciae Epiſcopis & Magnatibus; and another Councell at Benningdon 29under this King about the ſame year, â Praelatis & Proceribus Regni ſub Bertolpho Rege; In both theſe ample poſſeſſions and priviledges were granted to the Abbots and Monks of England; Vnanimi conſenſu totius praeſentis Cancilii, pro Regni negotiis Congregati, the Charters being ſubſcribed by Dukes, Lords, and temporall Officers, preſent in theſe Councels, as well as by Biſhops or Abbots.

An. 855.kkMala … l. 2. c. 2. …ngulphi. hiſt. Math. Weſtm. An. 854. Flocentius Wigorni his An. 855. …p. l. p. 348. 350. Seldens Titles of Honour p. 633. c. 5 ſect. 6 p. 633. There was a generall Councel of all England held at Wincheſter, Concilium Ʋ …ntoniae Pan-anglicum 5. Nov: Judic. 4. celebratum, praeſentibus Aethelwulfo Rege Weſtſaxoniae, Beorredo Rege Merciae, & Edmundo Rege Eaſt-Anglorum, una cum Archiepiſcopis Cantuariae, & Eborum, caeteriſque totius Angliae Epiſcopis & Magnatibus; in which King Aethelwulph by his royall Charter granted the tenth part of his lands and goods to the Church, cum coxſilio Epiſcoporum ac Principum meorum: Praeſentibus & ſubſcribentibus Archiepiſcopis & Epiſcopis Angliae Vniverſis, re…non Beorredo Rege Merciae & 30Edmundo Eaſtanglorum Rege, Abbatum, & Abbatiſſarum, Ducum, Comitium, Procerumquetotius terrae, aliorumque fidelium infintia multitudine, qui omnes Regium Chirographum landaverunt, Dignitates vero ſua nomina ſubſcripſerunt. Theſe Councels therefore were no other but Parliaments.

31The llSpelman Concil. p. 363 Lambardi Archaion.Eccleſiaſticall Lawes of king Alured Anno 887. were made in Parliament, and not in a Synod of Biſhops; Ex Conſulto Sapientum; Atque in ipſis diſcernendis ego Alredus Occiden alium Saxonum Rex, prudent…ſſimeram è noſtris confilio uſus ſum, atque eis omnibus placuit edici eorum obſervationem; 32ſaith the Praeface to his Lawes.

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

King Edward the eldernnSpelman p 387. Math. Weſtm. Anno … Matinſh. de Geſtis Regu… Angl. l 2. c 13. Antiqu Eccleſ. Brit. p. 19 20, 43. upon the letter of Pope Formoſus; congregavit Synodum SENATORVM, PROCERVM, POPVLORVM ET NOBILIVM Gent's Anglae in quae praſedebat Plegmundus Archiepiſcopus. Tum ſibi Rex cum ſuis, & Plegmundus Archiepiſcopus ſalubre conſilium iniverunt, and conſtituted and elected five Biſhops in the Province of the Geviſi, where there p. 61were but two Biſhopricks formerly, dividing thoſe two Biſhopricks into five, by a Parliament, not Synod.

The Eccleſiaſticall Lawes of King ooLambard. Archaion. Spelman p. 390.Edward the elder and Guthurne An. 33905. were made in Parliaments of the Lords and Commons, not Synods of the Clergie, as appeares by this Proeme. Haec ea ſunt SENATVS-CONSVLTA ac inſtituta quae primo Aluredus & Guthurnus Reges, deinde Edovardus & Guthurnus Reges illis ipſis temporibus tulere, cum Pacis foedus Daci & Angli ferierunt ac ſeſe mutuo an…plexi ſunt; quae poſtea a SAPIENTIBVS recitata ſaepius, atque ad communem Regni utilitatem aucta, atque amplificata ſunt.

The ppLamberd Archa 3. n. Spelman p. 396. 410.Eccleſiaſticall Lawes of King Aethelſtan An. 928. were made in 34Parliament, not in a Convocation, as is evident by the temporall lawes mixed with them, made at the ſame time, and by chap. 9. Decreta cictaque ſunt haec in celebri Gratanleano Concilio, cui Wulfhelmus interfuit Archiepiſcopus, & cum eo Optimates & Sapientes ab Aethelſtano evocati frequentiſſimi.

The Eccleſiaſticall lawes ofqqSpelman p. 408. Hoel Dha the good King of all Wales, 35about the yeare 940. were made, not by the Eccleſiaſticall perſons onelyonly, but by the Laiety too, hee ſummoning, ſex Laicos viros auctoritate & ſcientia pollentes, ſix Laymen potent in authority and Learning out of every County, and then ſelecting out of them twelve Laicos doctiſſimos, & unum Clericum doctiſſimum qui vocabatur Blanguindus, ad inſtituendas ſibi leges & uſus, &c. 12. moſt learned Laymen, and but one learned Clerke, to compile Eccleſiaſticall Lawes, for him and his people.

The Eccleſiaſticall Lawes rrLambardi Archaion. Spelman p. 419. 421. 423. 424.of King Edmund Anno 944. were made in a 36Parliament at London, as appeares by the temporall lawes joyned with them, and by the Proocme. Edmundus Rex ipſo ſolenni Paſchatis feſto frequentem Londini tam Eccleſiaſticorum quam LAICORVM caetum celebravit, &c. A ſci entiſſimis, Regni mei in celebri tam Eccleſiaſticorum quam LAICORVM frequentia ſtudioſe requiſiviſſe, quo tandem pacto Chriſtiana proveheretur fides. Atque NOBIS OMNIBVS commodiſſimum viſum eſt. Edmundus Rex congregavit magnam Synodum Dei ordinis & SECVLI apud London &c. Ego Edmundus Rex mando & praecipio omni populo ſeniorum ac juvenum qui in regione mea ſunt, ea quae inveſtigans inveſtigovi cum ſapientibus Clericis & LAICIS.

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

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

King E…gars Eccleſiaſticall Lawes An. 967. have this Prologue which proves them made in full Parliament, vvLamberdi Arehaion. Spelman p. 419. 424.Leges quas Edgarus Rex FREQVENTI SENATV, ad Dei gloriam, regiae Majeſtatis ornamentum, ac Reipublicae utilitatem duplicate page p. 60duplicate page p. 61p. 6840ſanciunt. Hoc est inſtitutum quod Edgarus Rex Conſilio Sapientum ſuorum inſtituit, &c.

41Anno. 973. I finde a Councell held atxxSpelman p. 483. London under King Edgar, for the regulating of the Abbots and Monkes of Glaſtonbury, and ſetling of their priviledges, wherein King Edgar granted a Charter to this Abbey, CONCILIO OMNIVM PRIMATVM MEORVM; ſubſcribed by himſelfe and Alfgina his Mother, Edward Clito his ſucceſſor, Kmedius King of 42Scotland, Maſcuſus his Admirall, Dunſtan Archbiſhop of Canterbury, Oſwald Archbiſhop of Yorke, caeteriſque Epiſcopis & OMNIBVS Regni PRIMATIBVS, with others of his officers.

In the Councell ofyySpelman p. 49…. Matth. … An. 975. Wincheſter An. 975. aſſembled to determine the great controverſie, whether married Clerkes ought to bee preferred before monkes? King Edgar and his Queen, Elferus Prince of Mercians, Ethelwin Duke of the Eaſt-Angles, Elfwold his kinſman, Archbiſhop Dunſtan, cum cae. teris Epiſcopis, Abbatibus, &c. Brithnotho Comite, cum NOBJLITATE TOTIUS REGNS, were preſent to decide this difference.

In the Councell of Calne Anno 977. called for the ſame purpoſe, there were preſentzzHoveden Annal. pars prior. An. 977 p. 427. Hu…indon. hiſt. l. 5. p. 357 Antiqu. Eccl. Brit. p 59, 60 Spelman p. 494. Horent. Wigornineſis an 977. p. 361 Fox Acts and Monuments p. 433. praeter Epiſcopes & caeterum clerum, TOTIVS Angliae Majores Natu: Omnes aderant Aaglorum Optimates, Rege tamen (propter teneram aetatem) abſente: There were at it, Praeſules, PROCERES, EQVITES, NOBILES PARITER & IGNOBILES, Omnium ordinum conspicui, clarique 43viri, write our Hiſtorians.

Anno 1005.aaSpelman p. 504, 507, 508 599. King Aethelred granted Lands and priviledges to the Monkes of Chriſt-Church in Canterbury by his Charter, confirmed and ſubſcribed 44in a Parliamentall Councell, as well by his Nobles, as Prelates and Abbots, as you may read in the ſubſcriptions themſelves.

Anno 1009.bbSpelman p. …10 513. 525. 529. Malm. De Geſtis Regum l. 2. c. 11. There was a generall Councell at Eanham, Concilium Aenhamenſe generale ſeu Pan-anglieum Optimatibus celebratum: In this Councell there were thirty two Canons made, which begin thus, Haec ſunt Conſtitutiones quaetulerunt Angli eruditi, eligerunt etiam & edixerunt, inſtanterque docuerunt obſervandas. This (writes Spelman) was doubtleſſe a Parliament, Regium fuiſſe certum est Aenhamenſe Concilium, tum quod edicto Regis cogebatur, & de rebus ſtatuit ad eccleſiaſticos non pertinentibus, tum quod in feſto habebatur Pentecoſtes, in quibus celebritatibus convocare Reges ex antiqun conſuentudine, ſoliti orant Proceres ſuos utriuſque ordinis ad feſtum Regium adornandum, & conſilia 45Regni ineunda: yet its decrees are ſtiled SYNODALIA.

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

46The Councell of Winton under Canutus Anno 1021. begins thus, ddSpelman p. 534.Haec ſunt ſtatuta Canuti Regis Anglorum, &c. Venerando ſapientum ejus Concilio, ad laudem & gloriam Dei, & ſui regalitatem, & commune commodum. Rex Canutus anno regni ſui 5. cunctos regni ſui Praelatos, Procereſque ac Magnas ces ad ſuum convocans Parliamentum, in ſuo publico Parliamento, perſiſtentibitperſonaliter p. 69in eodem Wolſtano & Adelnodo A chiepiſcopis, & Ailwine Epiſcope Elmhamenſe, & alijs Epiſcopis, ipſorum Suff aganeis, ſeptem Ducibus, cum totidem Comitibus, nec non diverſorum Monaſteriorum, nounullis Abbatibus, cum quamplurimis gregarijs Militibus, ac cum populi multitudine copioſae, ac omnibus tunc in eodem Parliamento perſonaliter exiſtentibus, votis Regijs unanimiter conſentientibus, praeceptum & decretum fuit. Quod monaſterium, ſancti Edmundi, &c. ſit ab omni juriſdictione Epiſcoporum Comitatus illius, ex tunc in perpetuum funditus liberum & exemptum, &c. This Councell was clearely a PARLIAMENT and ſo expreſly ſtiled.

The eeLambar; Archai: Spelman, p. 539. 552, 566.Eccleſiaſticall Laws of K. Knute, An. 1032. were made in Parliament, 47not in Convocation, as appeares by this proaeme. Conſultum quod Canutus Aaglorum, Dacorum & Norvegienſium Rex, ex SAPIENTUM CONCILIO ad Dei immortalis Gloriam, Regiae Majeſtatis ornamentum, & Reip: utilitatem, Natalatijs Domini Noſtri Jeſu Chriſti diebus, Vintoniae ſancivit: the Laws are in number 26. and intermixt with his ſecular Lawes made at the ſame time, Haec illa humana, at que politica ſunt Jura, quae Sapientum adhibito conſilio, per omnem Aagliam obſervari praecipio. So as this Councell clearely was a Parliament, not a Synod or Convocation.

Anno 1066. There was a moſt famousffSpelman: Concilia p. 627, 631. Councell or Aſſembly held at 48Weſtminſter under King Edward the Confeſſor, in the laſt yeare of his Reigne, on the Feaſt of Chriſts Nativity: Praeſentibus Rege & Confeſſore, Edgitha Regina, Stigando Archiepiſcopo Cantuariae, Eldredo Archiepiſc. Eboraci, cateriſ que Angliae Epiſcopis, Abbatibus, Capellanis Regis, COMITIBUS, MINISTRIS [ſeu Thanis] Regijs, & MILITIBUS, about the endowment, priviledges, and Sanctuary of Weſtminſter Abby, then newly re-edified and conſecrated: In which Councell the King granted ſeverall Charters of priviledges to this Abbey; which were conſented unto, ratified, and ſubſcribed, as well by the Dukes, Nobles, Officers, Knights and other Lay-men, as by the King Queen, Biſhops, Abbots, and Clergy.

By all theſe ancient Preſidents before the Conqueſt, (to which others might be added,) it is moſt apparent, That all our priſline Synods, and Councells were nought elſe but Parliaments; that our Kings, Nobles, Senators, Aldermen, Wiſemen, Knights, and Commons, were uſually preſent and voting in them, as members and Judges; and that all our Eccleſiaſticall Laws, Canons and Conſtitutions that were obligatory or binding, as well concerning matters of faith, Church-Government, diſcipline, as manners, were ever made, enacted, ratified in and by our Parliaments only, and not by the Biſhops, or Clergy alone, or by the King and Clergy in meere Eccleſiaſticall Synods, without the Nobles, Senators; and Commons conſents or Votes. Neither finde I any example or Author from King Lucius his Reigne to the Conqueſt, that either denyed the legiſlative or coercive power of ſuch Councells and Parliaments, either in matters of doctrine, Diſcipline, Church Government, or manners; but all readily and unanimouſly ſubſcribed to it: enough to ſilence all novell oppoſits whatſoever, King**Biſh: Iewels defence of the Apology, part 6: c. 2. p. 645 Leges Si Edwardi: c. 17. Lambardi Archaton Fox Acts and Monuments, Vol 1. p. 214. Cooks: 5 Rep. De tura Regis Eccleſiaſt: fao William the Conqueror as he was reſolved in a Full Councell and Parliament, to bee Chriſts Vicar, and chiefe Governour of the Church within this p. 68Realme in theſe words;**… p. 168. Rex, quia Vicarius ſummi regis eſt, ad hoc conſtituitur, ut regnum & Populum Domini, & ſuper omina SANCTAM ECCLESI MREGAT ET DEFENDAT, &c. taken out of King Edward the Confeſſors Lawes, (which he eſtabliſhed and ratified;)**… memb: … Num: 5 … 5 Seldeni … merum: … p. 168. Hiſt: of tithes c. 14. Sect. 1. …ax Acts and Monuments l. 3. p. 135. …. 1. p. 154. ſo he reformed the Eccleſiaſticall Lawes and Canons of the Church in and by a Common Councell, and Parliament, as well of the Nobles, and Commons, as of the Prelates and Clergy, as is evident by this paſſage in the Manuſcript Tables of Robert Winchelſy Arch-Biſhop of Canterbury: WILLIELMUS Rex Angliae DE COMMUNI CONCILIO, Archiepiſcoporum Abbatum, & OMNIUM PROCERUM REGNI SUI, Leges Epiſcopales, quae non berè, nec ſecundum Sanctorum Canonum praeceptae, fuerunt, ſicut nec ſunt his diebus, OBSERV AND AS IN CONCUSSE JUDICAVERIT, &c. And by this his reſcript to Remigius Biſhop of Lincolne, WILLIELMUS, Gratia Dei, **…bardi Arch non Jo: …: ad Ead…rum, Notae p. 173, 189.&c. Sciatis vos omnes, & caeteri mei fideles, qui in Angliamanent, quod Epiſcopales leges, quae non berè, nec ſecundum Sanctorum Canonum praecepta, uſque ad mea tempora, in regno Anglorum fuerunt, COMMUNI CONCILIO, et conſilio Archiepiſcoporum meorum, & caeterorum Epiſcoporum & Abbatum, & OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI. Proptereamando, & Regia authoritate praecipio ut nullus Epiſcopus vel Archidiaconus, de legibus Epiſcopalibus amplius in HUNDRET placita toneant, &c.

3In theffMath: … An: 1073. p. 5. Sigebertus Gemb: Ch…onog: An: 1073 1…74. Antiqu…tates Reeleſ: Brit: p. 96. 97. Councell of Rhoan, 1073.Anno 1073. William the Conqueror ſate chiefe Preſident. And decreed many things as well touching Eccleſiaſticall Affaires, as the benefit of his new Kingdom of England, Among other things it was there decreed [Judicatum eſt praeſidente Rege Anglorum Gulielmo: writes Matthew Weſtminſter] the King himſelfe being preſident, that Monkes who by force aſſaulted their Abbotts (as the Monkes of Andoem had aſſaulted, and ſlaine their Abbot at that time, whiles hee was ſaying Maſſe) in any Abbies, ſhould there be thruſt into priſon for it, which before it ſeemes they could not be. This Councell was no other then a Parliament, diverſe temporall Lawes, as well as Eccleſiaſticall being enacted therein, and both ratified, approved by this King, ggHiſt. Novotum lib: 1. p. 6.who (as Eadmerus ſtories of him) would not ſo much as ſuffer the Arch-Biſhop of Canterbury (Primate of all his Realme) when hee ſate Preſident in a generall Councell of Biſhops aſſembled together, to decree, or prohibite any thing, but ſuch things as were ſuitable to his will, and had firſt been 4ordained by himſelfe.

In the Councell ofhhMalmeſb: dr Geſtis Pon…f: Anglōrum p: 214. 215. London under Lanfranks, 1075.An. 1075. Conceſſum eſt Regia MUNIFICENTIA, Synodali authoritate, Epiſcopis, de villis tranſire ad Civitates: By the Kings Royall munificence and the authority of the Synod, liberty was granted to Biſhops, to remove from the Villages wherein they reſided 5unto Cities: whereupon Herman Biſhop of Schiroburne, removed to Salisbury. Stigand from Seleſcia removed to Chicheſter, Peter from Litehfield, removed to Cheſter, 1093.the King ratifying the conſtitution of the Synod, and ordering this removeall.

An. 1093. KingiiEadmerus Hiſt: Noverum: lib. 1. p. 26. to 31. William Rufus aſſembled a Councell of his Biſhops, Abbots, p. 65and Nobility of the whole Kingdome, that they might; By their common aſſent determiue and diſcuſſe, whether Anſelme Archbiſhop of Canterbury could Keepe his faith to the King, or not, ſaving that faith, reverence and obedience which he owed to the Apoſtolike See of Rome, which he would by no means violate? (A weighty queſtion ſurely of a loyall Prelate;) The Biſhops, Abbots, and Nobility of the whole Kingdome almoſt, Ex Regia Sanctione, aſſembled at Rochingham Caſtle, on the fifth day of March at one a Clocke in the afternoone, to debate this buſineſſe; but the King commanded all things to be adjourned till the morrow, Quia Dies Dominica erat, becauſe it was the Lords Day: an unmeet time to diſcuſſe ſuch a buſineſſe as this was. On the morrow, in medio Procorum & conglobatae multitudinis, eos & aſſiſtentem Monachorum, Clericorum, LAICORUM numeroſam multitudinem, ſic loquitur, &c. Lo here the Nobles, Commons, as well as the Biſhops, Abbots and Clergie aſſembled in a Councell (to wit a Parliament) to determine a caſe of conſcience, and that at Anſelms requeſt. This matter being long debated, and Anſelme continuing refractory, the buſines was defet…ed till after Whitſuntide.

In the Councell of London under Lanfranke ſummoned by King William Rufus, 6Anno 1095. Ʋlſtan Biſhop of Worceſter was deprived of his Biſhopricke by the Kings ſentence and verdict, quaſi homo idiota, &c. Ipſo rege conſentiente & hoc dictante decernitur deponendus, ſaithkkHiſtoria Angl. p. 190. Matthew Paris, the King ſitting chiefe preſident in it.

In the CouncellllHadmerue Hiſtor: Novorum l. 3. p. 6…. Willielmu… Malm…bury de Geſtis pontif. Anglorum l. 1. p 228. … Annal. pars prior p. 469. Math. Weſtm. An. 1102. p. 23. Antiquitares Eccleſiae Brit. p. 104 105. of London Anno 1102. under Anſelme, the King and his Nobles were preſent as well as the Biſhops and Ahbots, that whatſoever was therein decreed, might be approved ratified and obſerved by the unanimous care and ſolicitud of both orders: For ſoit was neceſſary, A plain teſtimony that the Councells of England in antient times were no other but Parliaments, and that their Canons ound not any, unleſſe confirmed by King and Parliament, At this Councell (write Wil. Malmeſbury & Eadmerus) Anſelme the Archbiſhop requeſting it of the King, Primates Regni, the great men of the Kingdom were preſent quatenus quicquid ejuſdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR, SJC ENIM NECSSE ERAT, quum multis retre annis Synodali cultura ceſſante, viciorum vepribus ſuccreſcentibus Chriſtiana religionis fervor in Anglia nimis reripeat, which they thus preface out of Anſelmes owne Copy and relation.

Anno mmJotnal: Hiſtor Antiqui: Eccleſiae Brit. p. 105.1102. quarto autem Praeſulatus Paſchalis Summi Pontificis, tertio 8Regni Henrici glorioſi regis Anglorum, ipſo annuente celebratum est Concilium in eccleſia beati Petri in …ccidentali parte juxta Londoniam ſita, communi conſenſu Epiſcoporum, et Abbatum, et Principum totius regni. In this Councell held at Weſtminſter, therewere 26. Canons compiled, ſome againſt Prieſts mariage and Wives, which when Giraldns Archbiſhop of Yorks, enjoyned his Clergie to obſerve; all the Clergie of his Province refuſed to ſubmit to them, being unwilling to part with their Wives, or to vow Chaſtity as ſome of thoſe Canons enjoyned them: to the execution whereof, the great diſcord betweene the King and Anſelme concerning the inveſtitures of Biſhops, being an obſtacle, produced to this effect. Necanones hujus Synodi legum vim ac poteſtatem ſortirentur p. 66That thoſe Canons ſhould not obtaine the force and power of Lawes.

9Anno. 1107. anothernnMatth. Pa…is Hiſtor Angl. Anno 1107. p. 25. 26. Roger …oveden Annal. pars 1. p. 60. Eadmerus Hiſt: Novorum l. 4. p. 91. Councell was held under Anſelme in King Henry the firſt his owne Palace, in which Councell The King aſſented and enacted, that from thenceforth no man ſhould be inveſted into any Biſhoprick or Abbie of England by the King or any Layman, by giving him a paſtorall ſtaffe, or a Ring. Proceres Regni, the Peeres of the Realme (writes Eadmerus) were called to this Councell, and the King aſſented to and ratified this Act, Aſtante multitudine, ac per Conſilium Anſelmi et Procerum Regni, the Commons ſtanding by him, by the Councell of A…ſelme, and of the great men of the Realme. This Councell then was a Parliament, and this Canon aſſented to, both by the Commons, Peeres, and King, …o make it valid.

10Not long after this KingooEadmerus Hiſt. l. 4. p. 94. 95. Haec ſunt ſtatuta de Archid…aconibus… &c. qua Dominicae incarnat A…iouis 1108. ſtatue…nt Anſel. Co…tuar…enſis Archiepiſcoput, Thomas Ebor, acenſi… Archiepiſco…us electus & cum eo alii Epiſcopi Anglia… In preſentia glorioſi Regis, Henrici, eſſenſu Comitum et Baronum ſuo…um, …atutum eſt … Regeni Haveden Anal… pars prior p. 472. Henry the firſt ſummoned another Councell about Eaſter, ad Curiam ſuam apud Londoniam cunctis Majoribus Regni, having aſſembled to his Court at London, not only his Archbiſhops and Biſhops, but all the great men of his Kingdome, to ſuppreſſe the Marriages of Prieſts, contrary to the Canons of the Councell of London. Anno 1102. For the extirpation of which evill, the King Regali authoritate atque; potentia fultos roboravit, by his royall Authority and power ratified thoſe Canons, and thereupon Anſelmo Archbiſhop of Canterbury, Thomas elect Archbiſhop of Yorke, and all the Biſhops of England, Decreed in the preſence of the ſaid Glorious King Henry, Aſſenſu omnium Baronum ſuorum, with the aſſent of all his Barons, that Prieſts and Deacons ſhould live chaſtly and keepe no Women in their Houſes; but thoſe who were of their neare kindred, as the Councell of Nice had defined; this Canon being ratified both by the King and Peeres in Parliament to make it obligatory. In theſe three Councells under Archbiſhop Anſelme (a great ſtickler for the Popes and Clergies Eccleſiaſticall Juriſdiction) we ſee the King and great men of the Realme were preſent, and ratified the Decrees and Canons therein concluded to make them valid and binding.

Anno 1114ppEadmerus Hiſt. l. 5. p. 114, 115. 116. … p. 49, 50, 51. King Henry the firſt commanded all the Biſhops and Nobles of the Kingdome to meete together at his Court, whereupon a rumour was ſpred over all the Land, that the Archbiſhop of Canterbury was about to celebrate a generall Councell (in preſence of the Popes Legate) and that he would promulge ſome new things, worthy ſo great a Councell, for the reformation of Chriſtian Religion in every order: On the ſixteenth of October they all met together in the Kings Pallace at Weſtminſter, where the multitude which aſſembled together, at laſt perceived, that the tumour of celebrating a Councell, and of the 11reformation of Chriſtianity was nothing ſo. There Anſelme in the behalfe of the Pope, brought a letter directed from him to the King and Biſhops, wherein hee taxeth the King for conferring Biſhopricks (claiming that right, as belonging to Peters See,) for determining Eccleſiaſticall matters, and the affaires of Biſhops, without his or his Legats privity, which belong only to the Apoſtolike, Sea; for ſtopping appeales to Rome, as alſo for calling and keeping Synodall Councells without his privity, when as it was unanimouſly ratified in the great councell of Nice conſiſting of 318 Biſhops, that**A meere …orgery and untruth, See Section …. no Councells ought to be ſummoned or kept without the privity of the Biſhop of Rome: and for tranſlating Biſhops p. 67without his conſent. Which letters much offending the Kings mind, he ſent his Nuntioes by common conſent, to Rome, to give the Pope an anſwer, and juſtifie his proceedings herein, as warranted by his Royall Prerogative.

The ſameqqEadmer… Ibidem p. 117. yeare upon the thirteenth of Aprill, there was an Aſſembly 12held at Salisbury, 1114.of the Biſhops, Abbots, and great men of all England, the Kings Writ compelling them to appeare there: where the King appointed William his ſonne, lawfully begotten, to be heire to the Crowne, to which all the Nobles condeſcended, and preſently tooke an oath of Allegeance to him, to be his men: But the Biſhops and Abbotts ſwore only and gave their faith, that if he ſurvived his Father, they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controverſie or exception: InrrIbid. p. 1…8. Auguſt following one Anſelm the Archbiſh. of Canterburyes kinſman came from Rome to King Henry, being then in Normandie, bringing the Popes Letters, which authorized him to exerciſe the Office of the Popes Legate, here in England: which in a ſhort time being knowne in the Kingdome of England, the Biſhops, Abbots, and Nobles admiring at it, aſſembled together at London about it, and certaine other things, (the Queen being preſent) to diſcuſſe the matter, Communi Concilio, in a common Councell: whereupon they all accorded, to ſend the Archbiſhop of Canterbury, whom it moſt concerned, to the King, to acquaint him with the ancient cuſtome of the Kingdome, and the liberty thereof; and if he thought fit, that he ſhould goe likewiſe to Rome to annihilate This Novelty. Who comming accordingly to the King, found Anſelme there expecting his paſſage into England, to exerciſe his Legatine office there. But King Henry (the firſt) not ſuffering any prejudice to happen to the ancient Cuſtomes of England, kept him from entring into England, & that not without preſidents: For in the firſt yeare of this Kings RaigneſſEadmerus Hiſt. Novorum l. 3. p. 58. Guido Archbiſhop of Vienna came into England, having (as he ſaid) the power Legatine of all England, by the precept and authoritie of the Apoſtolicall See: which being heard of throughout England, was admired by all men, all knowing, that it was a thing unheard of in Britaine, that any man except the Archbiſhop of Canterbury ſhould take upon him to ſupply the Popes Apoſtolicall turnes. Wherefore as he came, ſo he returned,Note. being received as a Legate by no man, nor exerciſing the Office of a Legate, in any thing.ttEadmerus Hist. l. 6. p. 137. 138. After this, one Peter having obtained from the Pope a power Legatine over England, Ireland, France, and the Iland of the Orcades, at the ſame hereof all England was aſtoniſhed; the King ſent the Biſhop of Saint Davids, and another Clergie man beyond Sea to conduct him to him, enjoyning them, that after his entrance into England, they ſhould not ſuffer him to enter into any Churches or Monaſteries to lodge or eate: Being brought to the King, and honourably received by him, having declared the cauſe of his comming, the King anſwered him, that hee had now no leaſure to minde ſo great a buſineſſe, and that his Legatine power could not be eſtabliſhed, and ratified but by the connivance and aſſent of the Biſhops Abbots, Nobles and the Aſſembly of the whole Kingdome in Parliament: moreover hee affirmed, that he could not by any meanes willingly looſe any of the Cuſtomes of his Country granted him by the Apoſtolicall See ſo long … p. 68lived; whereof this was one of the chiefeſt and greateſt, that hee made the kingdome of England free from all Legatine power. Whereunto Peter affented, and promiſed to doe his endeavour to have this priviledge preſerved, and augmented: And ſo being gratified with rich preſents, Ille qui Legati officio fungi in toto Britania venerat, nimirum, ab omni officio tali, cum ingenti Pompa, v…a qua venerat extra Angliam, a Rege miſſus eſt; writes Eadmerus of him by way of deriſion. So little juriſdiction had the Popes Legates here in England 13in thoſe dayes,1125. who became an intollerable vexation, oppreſſion to it in ſucceeding Ages, in the Reignes of King John, Henry the third, and others.

In the Councell of Weſtminſter under Iohn de Crema (the Popes lecherous Legate, Ann. 1125.) there were 17. Canons made, & ab omnibus confirmata, and confirmed by all there preſent: to wit by 20. Biſhops, 40. Abbots, Cuminumera Cleri & Populi multitudine, with an innumerable multitude of the Clergie and people, who were preſent at it: as the ContinueruuAn. 1125 p. 499, 500. See R…ger Hoveden Annal: parspr…orp. 478 Math: Weſtm: Anno: 1125. p. 31. Mathew Paris, An: 1125 p. 67. Henry Huntindon Hiſt. l. 7. p. 382. Cum eadem di… …pus Chriſti con…eciſſet Meretrice poſt Veſperam interceptuo eſt. Res apertiſſima negari non potuit, celari non decuit, Summ… honor ubi que habitus in ſummum dedecus verſus eſt, &c. write our Popiſh, Monke…. See John Bale, his Acts of Engliſh Votaries Holingſhe…d, Speed and others. of Florentius Wigornienſis records, Among other things it was there decreed, that Prieſts ſhould not from thence forth marry: That no married man ſhould be made a Prieſt, and that thoſe Prieſts who were married, ſhould be either devorced from their wives or deprived of their livings; Iohn de Crema there alleaging. That it was an unſeemely thing for a Prieſt to riſe up from the ſide of an Harlot (ſo hee called Prieſts wives) and to goe and to make the body of Chriſt. The Prieſts being much incenſed at theſe Conſtitutions, and very angry with this Legate the chiefe Author of them, knowing him to be a leacherous companion, watched him ſo narrowly, that the very ſame night theſe Canons were ratified, though himſelfe had that very day conſecrated the Sacrament, and ſo made the body of his Saviour (as hee thought) they tooke him in bedde with a notable Where. In excuſe of which falt of his (which was very publike and notorious) he ſaid, that hee himſelfe was no Prieſt, but a corrector of Prieſts, (hee might better have alleadged, if his owne reaſon were good, that hee did it after hee had conſecrated and made Chriſts body, not before it:) and ſo he departed privily … of England with ſhame, the Prieſts by this meanes keeping their Wives for a time, alleaging that it was better for them to lye with their own Wives, then with Wheres, or other mens, as this lecherous Legate did.

In the yeare of our Lord 1127.yyContinuatio ad Florentium Wigorni…ſem p. 503. 504. 505. William Archbiſhop of Canterbury, by King Henry the firſt his aſſent, called a Councell at Saint Peters in Weſtminſter of all the Biſhops, Abbots and religious Perſons of England: there flocked thither alſo, * Magnae multitudines Cloricorum, Laicorum, tam divitum quam mediocrium & factus eſt Conventus grandis et ineſtimabilis, ſaith the Hiſtorian; Somethings were there debated, ſomethings determined, ſome things adjourned, ſome things by reaſon of the tumult of the raiging people caſt out from the Audience of the Judges, but thoſe things which were there decreed and eſtabliſhed in the 14Councell it ſelfe by the conſent of the Biſhops, At they were there publikely Recited and received: I thought good (ſaith he) to note in this manner: Then he reites the Canons and conſtitutions of this Councell, and conclude thus: Auditis Concilii geſtis conſenſum prebuit, authoritate Regia et potestatate conceffit et confirmavit Sta…ta Concili, &c. Having heard the Acts of the Councel read the K. aſſented to p. 69them, and by his regall authority and power paſſed and confirmed the ſtatuts. (or Canons) of the Councell; celebrated by William Archbiſhop of Canterbury, and Legate of the holy Church of Rome, at VVeſtminster.

Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton, zzContinuatio… Flore… tium Wigornienſem p. 519in which …urſtlain Archbiſhop of Yorke was Prefident, the Prelats, Abbotts, Earles, Barons, and all the Nobility of England, being preſent at it, The Biſhoprick of Exeter then voyd by the death of William Warwast, one Robert an Arch-deacon was elected Biſhop of that See, by the conſent and ſuffrage of the Councell, which likewiſe nominated and choſe two Monks to be Abbotts of VVincelcombe, and of Saint Maries in Yorke, being then vacant.

The ſame yeare there was a Councell held ataaRoger Hoveden An…al. pars prior An. 1138. p. 485. London, wherein, Theobald was 16choſen Arch-biſhop of Canterbury, Annuente Rege, by the Kings conſent.

Anno 1139. There was a Councell kept atbbHoveden Ibid. Anno 1139 484. VVincheſter under Henry Biſhop of VVinchester, the Kings Brother and Legate to the Pope, where Theobald Archbiſhop of Canterbury and all the Biſhops there preſent, ad pedes Regis devoluti ſunt, &c. caſt themſelves downe at the Kings feet, moſt devoutly 17and earn eſtly beſeeching him, to reſtore Roger Biſhop of Salisbury and Alexander Biſhop of Lincolne to their poſſeſſions; and they would willingly pardon all the injuries the King had done them. But the King deſpiſing the venerable ſupplication of ſo many great Prelates, ſuffered them to obtaine no part of their requeſt.

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

AnnoeeAntiqu: Eccleſ Bri… p, 117: 1152. There was a Synod held at London under Theobald Archbiſhop of Canterbury. In which King Stephen with Eustace his Sonne were preſent: The King required the Synod, to conſent to create Euſtace King, to which they could not be brought, being inhibited by the Popes Letters, and mandate to doe it. Therefore the King and Euſtace incenſed with anger, ſhutting them in and befieging them, did evermuch vex, and diſquiet them, that they might effect that by feare and terror which they could not doe by authority and favour, And ſoe moſt of them were reduced to the Kings becke. But Theobald the Archibiſhop 19departing privity and moſt craftily out of the Synod, carried through the Thames in a Boate to the Sea ſide entered into a ſhip and paſſed into the parts beyond the Sea, with whoſe departure the King being much more diſturbed, baniſhed him againe with others, and confiſcated all his goods.

p. 7020Anno 1159. There was a greatffNubrigenſis Hiſt. l. 2, c, 9, p. 112. 113. 113. See Ioannis Marius, Zaberel: & Theodoricus a Niem de Schiſmate. Sciſme at Rome betweene Pope Alexander and Victor, concerning the Papacie, hereupon Frederick the Emperor aſſembled by his Writ the Biſhops of Italie and Germanie together to Papia, to Councell, where the Emperor, his Dukes and Captaines were preſent: who ſwaying the Councell, Victor, to whom the Emperor inclined, was elected and declared to be the true Pope, and ſucceſſor of Peter, and ſentence given againſt Alexander by a Generall decree, as againſt a Sciſmaticke and rebell to God. Amplexus eſt Imperator cum omni frequentia Ducum et Procerum acta Concilij, panam non recipientibus comminatus, writes Neubrigenſis. After which the Emperor ſolicited the illuſtrious Kings of France and England, by all meanes he could, that to perpetuate mutuall amity, they would conſent to him in this; they being inclined hereto, cautelouſly ſuſpended their ſentence untill they ſhould more fully know the truth of ſo doubtfull a buſineſſe, and thereupon they alſo called a famous Councell of Biſhops and Nobles, out of both their Kingdomes in a fitting time and place, where the buſineſſe was fully debated by Guido Cremenſis on Victors part, and by Gulielmus Papienſis on Alexanders ſide; In conſpectu Regum, & Praeſulum, coram univerſa quae convenerat multitudine cleri et opuli: In the preſence of the Kings and Prelats, and before all the multitude of the Clergy and People there aſſembled; where Papienſis pleaded Alexanders cauſe ſo well, and anſwered, retorted what ever the oppoſite partie had alleaged ſoe ſubſtantially, Vt neuter ulterius Princeps cunctaretur, repudiata parte Octaviani Dominum Alexandrum recipere, et cum Regnis ſibi ſubditis ei de caetero in ijs quae Dei ſunt, tanquam Patri parere. The forenamed Schiſmatickes, therefore departing with confuſion and ſhame, Our Princes and Prelates (Principes et Pontifices) having ſolemnly pronounced a ſentence of excommunication againſt the Schiſmatickes diſſolved the Synod. Loe here both the Emperor, the Kings of England and France, with their Nobles as well as Prelates, preſent in a ſeverall Councells, directing and determining this great controverſie in them who was Peters rightfull ſucceſſor? ratefying and receiving him for Pope whom they conceived in their indifferent Judgments, to have the beſt title; yea, the Laity had here their voyces as well as the Clergy; & conſented to the decrees of both Councells, So when there was a former Schiſme between Clement & Vrban, concerning the Title of the Papacie, ggEadmerus Hiſt. Novorum l. 2. p. 23 33.VVilliam Rufus enquiring who had the beſt right, commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions, eique vice beati Petri, IN CHRISTIANA RELIGIONE (not in any temporall affaires) obedire: claiming this as a hhEadmerus Hiſt. l. 2. p. 25, 26, 27, 28, 29 30, 31, 32.part of his prerogative royall that none ſhould acknowledge or receive any man, for Pope or Peters ſucceſſor within his Kingdome, but by his election and authority, and him whom he ſhould declare to be the man, accounting him no leſſe then a Traitor that ſhould deprive him of this right, which his Anceſtors claimed and enjoyed.

21An. 1170. at theiiGulielmns Nubrigenſis Rer. Angl. l. 1. c. 25. requeſt of King Hen: the 2d. two Cardinalls, Albert, and Theodine were ſent into France from Rome, who having called a great Aſſembly of Eccleſiaſticall perſons and Noblemen within the Teritorries of the King, of England, they ſolemnly admitted the King to purge himſelfe before them of the murther of Thomas Becket Archbiſhop of Canterbury, which purgation the King there made, and ſubmitted himſelfe naked to Eccleſiasticall diſcipline.

p. 71Anno 1175.kkHoveden Annal. pars. poſterior An. 1175. p. 542. Speeds Hiſt. of great Britaine p. 521. Richard Archbiſhop of Canterbury kept a great Councell 22at Weſtminſter,1175 to which almoſt all the Biſhops and Abbots of the Province of Canterbury came, Et coram pranominatis Regibus, and before King Henry the ſecond, and King Henry his Sonne, and the Biſhops and Abbots; Richard Archbiſhop of Canterbury ſtanding in an high place, promulged certaine Decrees & Canons, concerning Clergy-men, the Euchariſt, Tythes (recorded by Hoveden) to be firmely and inviolably obſerved by all his Provincials; ſo that both the Kings aſſented to them, though they were but Collections of ſome Decrees out of former Councels.

In the ſame yearellHoveden ib. p. 546., 547. Antiquitates Eccleſiae Brit. p. 94, 95. King Henry the Father called another Councell at Windeſore eight dayes after Michaelmas;1175 Praeſentibus Rege & Filio, the King and his Sonne being preſent. Richard Archbiſhop of Canterbury, with the Biſhops of England, and Laurence Archbiſhop of Dublin, Praeſentibus etiam Comitibus & Baronibus Angliae, the Carles and Barons of England being alſo preſent. In which Councell (being a meer Parliament) there was a generall Concord made between King Henry the ſecond, and Rodericke King of Conact in Ireland, and the King in that Councell gave the Biſhoprick of Waterford to one Auguſtine an Iriſhman, whom he ſent to Donatus Archbiſhop of Caſſels to be Conſecrated.