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

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

p. 71Anno 1176.mmHoveden ibid. An. 1176 p. 548, 549, 550. King Henry the ſecond aſſembled and held a great Councell 24at Nottingham, 1176concerning the Statutes of his Kingdome, and before the King his Sonne, and the Archbiſhops, Biſhops, Earles, and Barons of his Kingdom, communi omnium Concilio, by the common Councell of them all, he divided his Kingdome into ſixe parts, through each of which he appointed three Iuſtices Itinerant, whom he cauſed to ſwear upon the holy Evangeliſts, that they ſhould bona fide, and without any ſiniſter intention keep, and cauſe the people of his Kingdom inviolably to obſerve the Articles of Aſſize, there renued and confirmed, recorded at large by Hoveden. To this Councell (by the Kings command) came William King of Scots, with all his Biſhops, whom the King commanded by the fealty and Oath of Allegiance they had taken to him, to do the ſame ſubjection to the Church of England, which they ought to do, and were went to do in the times of his Predeceſſors. To whom they anſwered; that they never had made any ſubjection (or homage) to the Church of England, nor ought ſo to do, To whichnnSee Eadmerus hiſt. Novor…. l. 4. p. 97 l. 5. p. 139, to 135. Malmeſbury de Geſtis Pontif. Anglor: l. 3. p. 272 273. Roger Archbiſhop of York replyed; That the Biſhop of Glaſcow and of Candida Caſa, or Whitterne, had in the time of his Predeceſſors been ſubject to the See of Yorke; and for proofe hereof, he ſhewed divers priviledges of the Biſhops of Rome, which made it appeare. To which Jocelin Biſhop of Glaſcow anſwered; That the Church of Glaſcow was a ſpeciall Daughter of the Church of Rome, and exempt from all Archiepiſcopall and Epiſcopall juriſdiction; and if the Church of Yorke had any juriſdiction over the Church of Glaſcow at any time, it appeared that he deſerved not to have any dominion over it for time to come. And becauſe Richard Archbiſhop of Canterbury, endeavoured that the Church of Scotland ſhould be ſubject to the Church of Canterbury, (ſuch was his ambition then) he ſo croſſed the King of England, That he permitted the Biſhops of Scotland to return home, without making any ſubjection of themſelves to the Church of England, as they had formerly done.

p. 7225Anno 1176. Hugo Cardinalis ooAnnal. part poſterior An. 1176. p, 550(Hoveden ſtiles him Hugozun) the Popes Legate by the Kings permisſion and aſistance called a generall Councell at London, 1176in the midſt of Lent, where the Archbiſhops of Canterbury and York and all the Biſhops and Abbots of England, with a great number of Clergiemen aſſembling together; the Cardinall ſate on an high throne in the Chappell of the infirme Monkes of Weſtminſter, and the Biſhops and Abbots with him, every one in his place according to his order and dignity. But there aroſe a contention between the Archbiſhops of Canterbury and Yorke, which of them ſhould ſit at the right hand of the Cardinall; And when as the Archbiſhop of Yorke would ſit there, the Biſhop of Canterburies ſervants ruſhed violently upon him, threw him down upon the ground, trampled on him with their feet, and brake his Miter: whereupon the Councel was diſperſed, and the Cardinall flying to hide himſelfe out of their ſight, was ſo hindered, that he held no Councel. Both ſides made appeales to the Pope and complained to the King of the injuries done unto them. So Hoveden. ppHiſt. l. 3. c. 1. p 210, 211.Gulielmus Nubrigenſis relates the ſtory in theſe words, When the Cardinall aſſiſted by the Kings favour had called together the Eccleſiaſticall perſons of both Provinces of Canterbury and Yorke to London, to celebrate a Councell of all England there; on the day appointed for the beginning of his Councell, when all having taken their Robes and enſignes, were about to go in Proceſſion to it, there fell out a vehement contention between the Archbiſhops themſelves about the priority of place in the Councell: For that rule of the Apoſtle (in honour preferring one another) was ſo abrogated by the Biſhops of our time, that neglecting their Paſtorall diligence and care, Biſhops, by how much the more ſtubbornly, by ſo much alſo the more vainly contend about Praecedencie, and almoſt all Epiſcopall Controverſie is wholy converſant about the praerogative of their honours. In concluſion, Yorke comming ſooneſt, praeoccupied the firſt ſeate; alleadging, that the ſame belonged to him by the ancient decree of Saint Gregory, by which it is known to bee enacted, that of the Metropolitans of England, he ſhould be accounted the chiefe, who was firſt ordained. But Canterbury having made a ſolemne complaint of the preoccupying of his place, as if he ſuffered prejudice, refuſed the ſecond ſeate. Whereupon his ſubjects (or Clerkes of his Province) contending more fiercely for him, preſently the ſimple contention of words, grew into a brauling. Yorke (the adverſe party being ſtronger) was thruſt with ignominy from the place he had ſo early taken, who exhibited his torne Myter to the Legate, as a ſigne of the injury offered to him, and cited Canterbury to the Apoſtolicall See. The Metropolitans therefore thus contending, and things thus diſturbed, the Councell was not celebrated, but diſſipated, and they who had aſſembled as called forth to a Councell, returned to their own homes.qqIn vita Richardi. p, 125, 126 Matthew Parker in his Antiquitates Eccleſiae Britannicae, out of Gervaſins and Radulphus de Duceto, relates the ſtory in theſe words: A Legate called Flugonius came into England from the Pope, at King Henry the ſeconds requeſt, that hee might both ſeparate Queene Eleaner from him by a Divorce, and comprimiſe the Controverſie between the Archbiſhops of Canterbury and Yorke, touching p. 73the precedency which had continued for many ſucceſſions of Biſhops, and been oft times determined, but never finally ended till the Statute of 31 Hen. 8. cap. 10. ſuch was the pride and ambition of theſe Arch-Prelates, whoſe more than civill contentions, for ſuperiority our Hiſtorians have at large recorded to their infamy.) This Legate aſſembled a Councell at Weſtminſter in the Church of the infirme Monkes; whither the Clergie of both Provinces plentifully aſſembled, and when the day of beginning the Councell was come, the Legate ſitting on an high Throne, gave the right hand to the Archbiſhop of Canterbury. But Yorke hoping that the King would bee more propitious to him than to Canterbury, refuſed the left hand, and ſtriving moſt impudently with his breech, to ſit between the Legate and Canterbury, at laſt ſate downe in the lap of his Primate. He had ſcarcee, touched Canterbury with his breech with which he ſtrove to get the ſecond place but he was ſhamefully reprehended both by many Biſhops, and alſo by many Clerkes and Laymen. The Archbiſhop of Canterburies ſervants provoked with the indignity of this wicked fact, and the vehemencie of the juſt reproofe, pulling York out of their Lords boſome, and throwing him down on the ground, trampled him under their feet, and his Archiepiſcopall Robes being moſt ſhamefully pulled off and torne, they buffeted him with their fiſts. But Canterbury, when as he could not call away nor hold off his ſervants, enraged with ſo great anger, departed out of the Councell, that at leaſt hee might draw them away with him by his departure.

The ſervants following their Maſter left Yorke lying proſtrate on the ground environed with his torne Garments, At laſt Yorke fetching many deep and frequent ſighes ariſeth halfe dead, and goeth all bloody to the King, who with his ſon was preſent in the Councell (the thing for which I principally relate the ſtorie) and makes his complaint againſt Canterbury. The King having received Yorks relation only, was at firſt in cenſed againſt Canterbury, but afterwards, the truth of his owne raſhneſſe and impudency being manifeſted, he diſmiſſed Yorke, who departed from the King with diſgrace, the moſt reviling him with clamors; go go (ſaid they) thou betrayer of Saint Thomas; thy hands doe yet ſtinke with blood. But he, poore wretch, did now welter in his owne, not Thomas his blood. Hugocius among theſe tumults perplexed with feare, having pronounced a bleſſing, ſodainly diſſolved ſo unluckie a Councell, and appealled Canterbury to the Pope, as guilty of this battery: Yorke alſo did the like. At laſt Canterbury leaſt he ſhould be overwhelmed with appeales on both ſides, ſubmitted himſelfe and his ſervants to the Popes protection, by appealing both the Legate and Yorke to Rome: ſo all equally appealed. But the next day Canterbury (who knew the manner of the Pontificians) pacified the Legate with gifts, and they thus reconciled, remitted their Appeales on both ſides. Afterwards the Archbiſhop of Cant. and Geoffry of Ely; were againe accuſed by the Biſhop of York before the King, that in the Councell of Weſtminſter they had laid violent hands on him; which when they had denyed and purged themſelves upon Oath, they were reconciled by the Kings command; and by him a truce for five yeares was made between Canterbury and Yorke, who promiſed betweene themſelves upon p. 74Oath, that they would firmely ſtand to the Arbiterment of the Biſhops of Normandy and France, as well concerning this battery, as all other controverſies depending between them; And ſo this fray and Councell ended; wherein you ſee the King, Prince, and Laymen were preſent, it being in truth a Parliament accompanied with a Convocation.

26Anno 1226. there wasſſMath. Weſtm. Anno 1226 p. 118. 119. 126. Math Paris An 1226. p. 316. Antiquitates Eccleſiae Brit. pi 153. 154. a Synod held at London under Otho the Popes Legate where the King, with the Clergy. & Magnatibus Regni, and the great men of the Kingdome aſſembled, with many Biſhops, Prieſts, & La…corum Turbis and Troops of Laymen: when they were all aſſembled. Otho read the Popes letters to them before them all, in which the Pope alleaged, that it was a moſt ancient ſcandall and reproach to the Church of Rome, that ſhe was branded for coveteouſneſſe the roote of all evill, and in this eſpecially, that no men could expedite any buſineſſe in the Court of Rome, unleſſe by disburſing great ſummes of money, and giving ſtore of gifts; but becauſe the poverty of the Church of Rome was the cauſe of this ſcandall and infamy, her naturall ſons ought to relieve the want of their Mother; for unleſſe we ſhould receive gifts from you, and other good and honeſt men; we ſhould want neceſſaries to ſupply our lives, which would be altogether incongruous to the Roman dignity; Therefore utterly to roote out this ſcandall, by the Councell of our Brethren, the Cardinalls of the holy Church of Rome, we have provided a certaine forme, to which if you will conſent, you may free your Mother from ſcandall, and obtaine Juſtice in the Court of Rome without giving any bribes. Now the forme provided is this; Firſt of all, we deſire two Prebends to be given us by all Cathedrall Churches, and out of Abbies, where the Monkes and Abbots have divers portions, of each one Monkes intire allowance, one from the Covent, another from the Abbott: which demand Otho urged the Biſhops and Prelates to grant on the foreſaid grounds: Who conſulting together hereupon returned this their common Anſwere by Iohn Archdeacon of Bedford; That thoſe things he had propounded to them did ſpecially concerne the King of England, and generally all the Patrons of Churches, Archbiſhops Suffragans, and Prelates of England, ſince therefore the King was then abſent by reaſon of his infirmitie, and ſome Archbiſhops, Biſhops and other Prelates were abſent likewiſe, that in their abſence they neither could nor ought to give any Anſwer. And upon theſe words uttered, came Iohn Lord Marſhall of England and other Meſſengers from the King, ſtrictly commanding all what held Baronies of the King in Capite, that that they ſhould not obliege their lay Fee to the Church of Rome, whereby he might be deprived of the ſervices 27due unto him. And ſo all returned to their owne home.

The ſame yeare, there was another Councell aſſembled at Weſtminſter under Stephen Langhton Archbiſhop of Canterbury about the ſame matter;ttMath. Paris p. 319. Antiquitates Eccleſiae. Brit. p. 119. 120. To which the King conferring a part with ſome of the Nobles and Biſhops, gave this Anſwer, that theſe things concern all Chriſtendom, & becauſe we are placed in the remoteſt parts of the world, when we ſhall ſee what other Kingdomes will ſay to theſe exactions, and ſhall have an example from them, the Pope ſhall finde us more ready to obey him. And ſo this Councell brake up. By both which preſidents, it is evident, that Councells in thoſe dayes were no other but Parliaments, p. 75the King, Nobles, and Commons being preſent in them, and that the Clergy alone could treat or conclude of nothing but by their concurring aſſents.

Anno 1231. There was a great Synod ofvvMath. Paris. Hiſt. Angl. An. 1231. p. 359. Abbotts, Priors, Archdeacons with 28almoſt the whole Nobility, 1231.Maſters and Clerks of the Realme, aſſembled at Saint Albans by the Popes Command, to celebrate a divorſe betweene the Counteſſe of Eſſex and her Husband, if there were cauſe: This divorſe was but an Eccleſiaſticall matte… as the Canonists deemed it, yet both King, Nobles, and Commons, as well as Abbots and Clergy-men were preſent at it, and called to it by the Popes command.

In the yeare of our Lord 1236.xxMatth. Paris An. 1136. p. 431, 432, 433. Math. Weſtm. An. n. 237. p. 146. Antiquitates Eccleſiae Brit. p. 163, 164. there was a Councell of all the great men, 29Prelates and Clergie of the Realme ſummoned to meet at London by King Henry the third,1236. under Othe the Popes Legate, which being aſſembled together at Paules, the ſecond day thereof the King ſent John Earle of Lincolne, Iohn the ſon of Jeffery, and William de Reele a Canon of Paules, to inhibit the Legate in the behalfe of the King and Kingdome, that he ſhould not there Attempt or decree any thing againſt his Royall Crowne, and dignity. William Reele remained there to ſee this inhibition obſerved, the others departed. The next day folowing, the Legate ſupported with divine aſſiſtance & astantis concilij Suffragits et conſenſu and by the ſuffrages and conſent of the Councel there preſent, to conſerve and reforme the State Eccleſiaſticall in the parts of England, beſides other Canonicall inſtitutions promulged certaine Canons digeſted into Chapters and Articles, which Edmond Archbiſhop of Canterbury, with divers others who departed from the Councell with little joy, reſolved to nullifie and revoke, (as not confirmed by the King the Lords and Commons for ought appeares) which Otho underſtanding, writ to the Pope to ratifie them, who accordingly did it by his decretall Epiſtle.

Anno 1288.1288 yyAntiquit. Eccleſiae Brit. p. 205. Se loannis de Aton Conſtit. Provinciales f. 139, 131.John Peckam Archbiſhop of Canterbury held a Provinciall 30Councell at Redding: in which he made five Conſtitutions, purpoſing to draw the conuſance of Patronages of Churches anciently belonging to the Kings Court, to the Eccleſiaſticall, to reſcinde all Royall Prohibitions in ſuites depending in the Eccleſiaſticall Court for goods and Chattels, and to inhibitu that Eccleſiaſticall Judges ſhould be thenceforth prohibited to proceed in them. But the King hearing of this deſigne, ſent certain ſelected meſſengers both to the Archbiſhop and the whole Councell, commanding them with threats to reſiſt, whence it came to paſſe, 31that the Archbiſhop wholy receeded from his preſumption,1296 and the Councell being diſſolved, all the Prelates returned fruſtrate of their hope.

31. An. 1296.zzAntiquit. Eccl…ſiae Brit. p. 209, 210, 211. Matthew Weſtminſter An. 1295, 1296, 1297. p. 408. 409. 410. Thomas Waſhingham Ypodigma Neuſtriae. An. 1296, 1297. Robert Winchelſee Archbiſhop of Canterbury held a Provinciall Councell at London, where the Clergy to diſapoint the King of his Subſidies and Tenths; decreed among other things, Ne quid inconſulto Papa Regibus a Clero ſolveretur; That nothing ſhould be payed to Kings without the Popes privity and conſent. A right loyall Conſtitution worthy Prelates. The King having then called a Parliament to re-inburſe his monyes ſpent in the Scottiſh Wars; had a large Subſidie granted him by the Commons and Burgeſſes: But the Clergy neither offered, nor granted him any thing by reaſon of this their Conſtitution; for confirmation whereof, the Archbiſhop had gotten p. 76the Popes Bull; The King being moved therewith, proroged the Parliament to London, commanding the Clergy to be there on the firſt day of Saint Hilary, to give him a better anſwer; The King in the mean time commanded all the Clergy mens Barnes, which were full of corne, to be ſealed up with publike Seales; which whiles his Officers were executing, the Archbiſhop commanded the Popes decree to be publiſhed in Cathedrall Churches; inhibiting under pain of Excommunication, that no Tribute or ayd ſhould be payd to the King, or to any ſecular Prince out of Eccleſiaſticall livings or revenues (an high ſtraine of Papall uſurpation and preſumption:) and when he and his Suffragans met in Pauls, they reſolved to ſtand to their former Conſtitution, and to grant the King nothing. (Such dutifull good Subjects were theſe lordly Prelates.) Whereupon the King ſending meſſengers to them, to demand a ſupply from them, they all returne him this anſwer; It is ſufficiently known that under God the Lord of all we have two Lords; a ſpirituall, the Pope our Lord, and a temporall the King our Soveraigne: and though we are bound to obey both, yet we ought to obey our ſpirituall Lord more than our temporall. And therefore we intend to ſend a Legate to the Pope, that his leave firſt obtained, wee may give the King what he deſires of us. The King receiving this anſwer, tooke it very diſdainfully, that he ſhould be thus mocked in his own Kingdome by the Pope and his Clergie; and thereuponaaSee Fox Acts and Monuments p. 388. Biſhop Iewels defence of the Apology of the Church of England, part. 6. c. 2. diviſ. 1. p. 522 habito Rex cum ſuis Baronibus Parliamento & Clero. excluſo, Statutum eſt, &c. thruſt the Clergie out of the Parliament, and held a Councell with his Barons and Commons alone, and preſently put all the Clergie out of his protection, that none of them ſhould have power to ſue any man in any of his Courts, but might be ſued there by any of his ſubjects; upon which all the Clergie but the Archbiſhop, were content to offer the King the fith part of their Eccleſiaſticall goods, and the Archbiſhop perſisting in his obſtinacy, had all his temporalities, goods, Chattels ſeiſed into the Kings hands: Who yet would not yeeld, but pronounced them all excommunicate, who diſobeyed the former constitution, which being made onelyonly by the Clergy, and not ratified by King and Parliament, was held but a meere idle nullity, and audacious diſobedient attempt, obliging neither King nor ſubject.

32Anno 1418.bbAntiquitates Eccleſiae Brit. p. 314, 315. A Provinciall Synod was held at London under Henry Chichely Archbiſhop of Canterbury:1418 Where upon the motion of Robert Guilbert Preſident of Merton Colledge in Oxford, and of Thomas Kington, it was decreed; That the Patrons of Eccleſiaſticall benefices when they fell voyd, ſhould conferre them upon ſuch who were Graduates in the Univerſities, having a reſpect of their degree and profeſſion, according to the value of the living. This Conſtitution being propounded in the Congregation in the Univerſity to be there ratified, the Maſters of Arts, Monks and Profeſſors, who exceeded the Regents of the Univerſity in multitude, rejected and refuſed it, but K. Henry the fifth being addicted to learning. An. 1420. writ to the Synod then aſſembled at London, (wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received, though the Maiſters of Art had refuſed to receive it) to paſſe the Decree (which ſome Friars there oppoſed,) Judge in Parliamento poſtea confirmavit, and he afterwards confirmed the ſame in Parliament. Loe here a Conſtitution firſt made in a Synod or Convocation rejected in both Ʋniverſities, becauſe not then confirmed by the p. 77King in Parliament, to make it binding and efficatious for future times: a moſt pregnant evidence for proofe of that I now contend for. To cite more preſidents of this nature in former ages, would be more tedious than neceſſary in ſo plaine a caſe; I ſhall therefore paſſe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires.

As high as we have any Acts of Parliament ſince the Conqueſt remaining on Record, We finde all Eccleſiaſticall matters, and Church affaires ſetled, and ratified by ſpeciall Acts of Parliament only, not by the Clergies Canons.

The great Charter of England, firſtccSee Sir Edw: Cookes Inſtitutes on Magna Charta c. 1. Matthew Paris, p. 53. 249, 296. granted by King Henry the firſt,King Henry the 1. and 2. ratified afterwards at Runing-Mead by King John, revived by King Henry the third in the ninth yeare of his Raigne, (confirmed frequently by him afterwards; by King Edward the firſt, in the 28th yeare of his Raigne, yea, by all or moſt of his ſucceſſors, in ſpeciall Acts of Parliament, by the Petition of Right: 3. Caroli;) begins thus, Know yee, that we to the honour of Almighty God, and for the ſalvation of the Soules of our Progenitors, and Succeſſors Kings of England, to the advancement of holy Church, &c. Firſt, We have granted to God, and by this our preſent Charter have confirmed for VsUs, and our Heires for ever more; that the Church of England ſhall be free, and have all her rights and liberties inviolable: And that all her elections ſhall bee free, &c.

An. 1164. In February there was addMatthew Paris, p. 96. 97, 98, 99. See Eadmerus, Houeden, Hollingſhed, Speed Daniel, in the life of King Henry the 2d. and Antiqu. Eccleſiae Brit: and Godwin, in the life of Becket. Parliament held at Clarindon, by King Henry the 2d. his command, who was there preſent; where all the Archbiſhops, Biſhops, Abbotts, Priors, Earles, Barons, Nobles, and great men of the Realm, made a Recognition or Recerd of part of the Cuſtomes and Liberties of the Kings Anceſtors; to wit, of King Henry the firſt, and others, which ought to be obſerved and kept by all men in the Realm, by reaſon of the diſſention, and diſcords frequently emerging betweene the Clergy, and the Kings Iuſtices, and great men of the Realme: the ſubſtance whereof was conteined in theſe 16. Chapters recorded by Matthew Paris.

1. That if any controverſie concerning the advowſon and preſentation of Churches ſhould ariſe betweene Laymen, or betweene Laymen and Clergie men, it ſhould bee heard and determined in the Court of our Lord the King.

2. That the Churches of the Fee of our Lord the King, could not bee given in perpetuity (or appropiated) without his grant or conceſſion.

3. That Clergiemen accuſed of any thing, being ſummoned by the Kings Iuſtice, ſhould come into the Kings Court to anſwer the ſame there; that ſo the Kings Court might determine what was to bee anſwered there and what fit to be anſwered in the Eccleſiaſticall Court; that ſo the Iuſtice might ſend into the Court of holy Church, to ſee how the matter ſhall there be handled; And if the Clarke ſhall be convict, or confeſſe the crime, that the Church from thenceforth ought not to protect him.

4. That it ſhall not be lawfull to the Archbiſhops, Biſhops, and perſons of the Realme to goe out of the Realme, without the Licence of our Lord the King; and if they ſhall goe thence, if it ſhall pleaſe the King, they ſhall give p. 78him ſecurity, that neither in going nor in returning, nor in ſtaying, they ſhall procure hurt or dammage to our Lord the King or the Realme.

5. That excommunicate perſons ought not to give a pledge to remaine, (vadium ad remanentiam) nor to take an Oath, but onelyonly to give a ſurety or pledge of ſtanding to the judgment of the Church, where they are abſolved.

6. That Laymen ought not to be accuſed, but by lawfull accuſers & witneſſes, in the preſence of the Biſhop, that the Arch-Deacon may not loſe his right, nor any thing that he ought to have from thence. And if thoſe who are accuſed ſhall be ſuch that no man will or dares to accuſe, the Sheriffe being required by the Biſhop, ſhall ſweare twelve lawfull men of the Vicenage or Town, before the Biſhop, that they ſhall manifeſt the truth (concerning ſuch) according to their Conſciences.

7. No man who holds of the King in Capite, nor any of his Dominicall Miniſters (or houſe-hold ſervants) ſhall be excommunicated, nor the Lands of any one of them put under interdict, unleſſe our Lord the King (if he bee within the Realme) be firſt acquainted therewith, or his Iuſtice, if he ſhall be forth of the Realme: (the reaſon then rendred was, leſt the King ſhould at unawares Kiſſe or admit to his Councell ſuch an excommunicate perſon reſorting to him,) that ſo he may doe right concerning him; and ſee that what appertaineth to the Kings Court, ſhall be there determined, and that what belongeth to the Eccleſiaſticall Court may bee ſent unto it, that it may bethere deſcided.

8. Concerning appeales, if they ſhall happen, they ought to proceed from the Arch-Deacon to the Biſhop, from the Biſhop to the Archbiſhop; and if the Archbiſhop ſhall faile in exhibiting Iuſtice, they may appeale to our Lord the K. in the laſt place, and that by his precept the controverſie may be ended in the Arch-Biſhops Court, ſo that there ought to bee no further proceeding without the aſſent of our Lord the King.

10. If any be cited by the Arch-Deacon or Biſhop for any offence, for which he ought to anſwer to them, and will not appeare upon their citations, it ſhall bee lawfull for them to put him under interdict, but they ought not to excommunicate him, till he be convented before the chiefe Officer of the King in that pariſh, that he may admoniſh him to appeare to give ſatisfaction, And if the Officer of the King ſhall faile therein he ſhall be in the Kings mercy, and from thenceforth the Biſhop may with Eccleſiaſticall Iuſtice curbe the party accuſed.

11. Archbiſhops, Biſhops and all perſons of the Realme, who hold of the King in Capite, may hauehave their poſſeſſions of the King as a Barony, and ſhall anſwer for them to the Juſtices and Miniſters of the King, and ſhall follow, and doe all Royall Cuſtomes, and like other Barons, ought to bee preſent in judgments of the Kings Court, with the Barrons, untill it proceed to diminution of Members, or unto death.

12. When an Archbiſhopricke, Biſhopricke, or Abbey, or Priory ſhall become voyde in the Kings Dominion, it ought to be in his hands, and he ſhall receive all the rents and iſſues thereof as the Dominicall rents, And what ſhall come to the Church is to bee diſpoſed of, Our Lord the King ought to p. 79commend the beſt perſons to the Church, and the election ought to be made in the Kings owne Chappel by aſſent of the King himſelf, and adviſe of ſuch perſons of the Realme, which he ſhall call unto him to do theſe things; and there the perſon elected ſhall do his homage and fealty to the King, as to his Liege Lord, of life and members, and of terrene honour, ſaving his Order, before he ſhall be Conſecrated.

13. If any of the Nobles of the Realme ſhall deny to do Iuſtice to any Archbiſhop, or Biſhop, or Archdeacon concerning him or his, our Lord the King ought to do them Iuſtice. And if peradventure any ſhall deny to our Lord the King his right; the Archbiſhops, Biſhops, and Archdeacons ought to admoniſh him, that he may ſatisfie the King.

14. The Church or Churchyard ought not to detain the Chattels of thoſe who are in forfeiture of the King, againſt the Iuſtice of the King, becauſe they are the Kings owne, whether they bee found within or without the Church.

15. Pleas of Debts which ſhalbe due either by interpoſition of an oath, or without oath, are in the Iuſtice of the King (that is, triable in the Kings temporall Courts.

16. The Sonnes of Peaſants (or Villanies) ought not to bee ordained (Prieſts) without aſſent of the Lord, in whoſe land they are knowne to bee borne.

To this Recognition or Record of the Cuſtoms and Liberties of the Realm, the Archbiſhops, Biſhops, Abbots, Priors, Clergy, with all the Earles, Barons, and Nobles ſwore, and firmly promiſed viva voce, in the word of truth, that they would keep and obſerve it to our Lord the King and to his Heirs, bona fide and without male engin for ever. His itaque geſtis, poteſtas Laica in res & perſonas Eccleſiaſticas, omnia pro libitu, Eccleſiaſtico jure contempto, tacentibus aut vix murmur antibus Epiſcopis, potius quam reſiſtentibus, uſurpabat; writes Matthew Paris. Whereupon Thomas Becket then Archbiſhop of Canterbury, repenting of his oath to obſerve them, humbled and afflicted himſelfe exceedingly with faſting and corporall pennace, yea he ſuſpended himſelf from the office of the Altar, untill the Pope abſolved him from his pretended offence and oath, which he readily obtained: After which Becket reſuſing to conforme himſelfe to the King and theſe Lawes he had ſworne to, departs ſecretly without the Kings licenſe into Flanders, and from thence repaired to Pope Alexander at Sennes, who curteouſly entertained him; and refuſed the demands of the Kings Embaſſadours, to do him juſtice againſt Becket, or to confirme theſe Lawes and ancient Cuſtoms of the Realm. Whereupon the King ſent this enſuing Writ to every Sheriffe of England,**Matthew Paris ibid. Praecipio tibi, quod ſi aliquis Clericus vel Laicus in Baliva tua, Romanam curiam appellaverit, eum capias, & firmiter teneas, donec voluntatem meam praecipiam, & omnes reditus Clericorum Archiepiſcopi & poſſeſſiones ſaiſeas in manum meam. Et omnium Clericorum qui cum Archiepiſcopo ſunt, Patres, Matres, Fratres, & Sorores; Nepotes & Neptes, pones per ſalvos plegios, & catalla eorum, donec voluntatem meam inde praecipiam. Et hoc Breve tecum afferas, cum ſummonitus fueris Gilberto quoque p. 80que Londonenſi Epiſcopo ſcripſit in haec verba. Noſti quam malè Thomas Cantuarienſis Archiepiſcopus operatus est adverſum mo & regnum meum, & quam malè receſſerit; Et ideo mando tibi quod Clerici ſui, qui detraxerunt honori meo & regni, qui circa…pſum fuerunt, poſt fugam ſuam, non percipiant aliquid de reditibus ſuis quos habuerunt in Epiſcopatu tuo, niſi per me, nec habeant aliquod auxilium vel conſilium a…te, Item Justitiariis ſuis ſignificavit per literas ſub hac forma. Si quis inventus fuerit ferens literas Domini Papae vel mandatum, aut Thomae Archiepiſcopt, continens interdictum Christianitatis in Anglia, capiatur & retinetur, donec inde voluntatem meam praecipiam; Item, nullus Clericus, Monachus, Canonicus vel converſus, vel alicujus religionis transfretare permittatur, niſi habeat Literas de reditu ſuo, Juſtitiarii vel noſtras: Si quis aliter inventus fuerit, capiatur & retineatur, Nullus appellet ad Papam, neque ad Thomam Archiepiſcopum, neque aliquod placitum ex eorum mandato teneatur, neque aliquod mandatum eorum in Anglia recipiatur, & ſi quis tenuexit, vel receperit, vel tractaverit, capiatur & retineatur; Si Epiſcopi, Abbates, Clerici, vel Laici ſententiam interdicti tenuerunt, ſine dilatione a terra eijciantur & tota eorum Cognatio, Ita quod nihil de catallis ſuis ſecum ferant, ſed catalla eorum & poſſeſſiones in manu nostra ſaiſiantur; Omnes Clerici, qui reditus habent, in Anglia, ſint ſummoniti per omnes comitatus, ut infra tres Menſes praeciſe ad reditus ſuos, ſicut diligunt eos & amant, in Angliam redeant. Et ſi ad terminum praefixum non venerint, reditus eorum in manu nostra ſaiſiantur. Epiſcopt Londonienſis & Norioenſis ſummoneantur, quod ſint eoram Juſticiariis Noſtris ad rectum faciendum, quod contra Statuta Regni, interdixerunt terram Hugonis Comitis, & in ipſum ſententiam Anathematis intulerunt Denarii beati Petri colligantur, & ſerventur, quouſque inde vobis Dominus Rex voluntatem ſuam praeceperit, Eccleſiam praeterea Cantuarienſem, & omnia bona Archiepiſcopi Rex, et ſuorum, conſiſcari praecepit. Et quod in nullius historiae legitur ſerie, totam ejus congnationem exilio aſcriptam addixit, ſine delectu conditionis, ſexus aut aetatis. Et cum Eccleſia Catholica, oret pro haereticis, ſchiſmatieis & perfidis Judaeis, prohibitum est a Rege, ne quis Archiepiſcopum, orationum ſuffragiis adjuvaret. Such Eccleſiaſticall juriſdiction did the King then exerciſe.

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

In King Henry the 3. his Raign,K. Henry 3. I finde theſe ſeverall printed Acts of Parliament made concerning the Church, Biſhops, Abbots, Clergymen, and Eccleſiaſticall affaires, which you may peruſe at pleaſure. 9. H. 3. c. 1. 5. 18. 31. 33. 36, 37. The Charter of the Forreſt, 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. beſides thoſe Recorded by Matthew Paris.

In King Edward the firſt his Raigne there were theſe Acts to like purpoſe. K. Edw. 1.3 E. 1. (which begins with this Prologue, Becauſe our Soveragine Lord the King had given power to redreſſe the State of the Realme, &c. for the common profit of holy Church, and of the Realme. And becauſe the State of holy Church hath ever been kept, &c.) c. 1, 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Mor… main: 13. E. 1. c. 5. 19. 29. 31, 32, 33. 41, 42, 43. 48. Circumſpecte agatis 13 E. 1. (commonly called a Statute, though 19 E. 3. Fitz. Iuriſdiction 28. p. 81it be adjudged none.) The Statute upon the Writ of Conſultation: 24 Ed. 1. The confirmation of the Charters of the Liberties of England. 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons. The Statute of Carliſle 25. E. 1. (See Cookes 5. Report of the Kings Eccleſiaſticall Law, f. 13.) 34. E. 1. c. 6.

In King Edward the ſeconds dayes,K. Edw. 2. I meet with the Statute of A…ticuli Cleri. 19 E. 2. which wholly concernes the Clergy, their Courts, Tythes, Rights. The Statute de Prerogativa Regis c. 1. 8. 10. 14, 15. and Articles againſt the Kings Prohibition.

In King Edward the third his Regency,K. Edw. 3. I finde very many Statutes concerning the Clergie, and all kinde of Church affaires; as namely, 1 E. 3. Stat, 2. c. 10, 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. ſtat. 1. c. 1. 17. and ſtat. 3 made for the Clergy, the Prologue, and c. 1, 2, 3, 4, 5. 15 E. 3. ſtat. 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. ſtat. 3. for the Clergie, c. 1, 2, 3, 4, 5, 6, 7. 23 E. 3. c. 8. 25 E. 3. ſtat. 3! for the Clergie, c. 1, 2, 3, 4, 5, 6, 7, 8. 25 E. 3. ſtat. 6. of Proviſions, 27 E. 3. ſtat. 1. c. 1. of Proviſions. 28 E. 3. c. 14. 31 E. 3. ſtat. 1. c. 4. 11. 13, 14. 36 E. 3. c. 8, concerning Prieſts Salaries &c. 38 E. 3. ſtat. 2. againſt proviſors and Appeales to Rome, c. 1, 2, 3, 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4, 5. To which I ſhall adde only this obſervation, That the prologues to the ſtatutes of 1 E. 3. ſtat. 2. 2 E. 3 ſtat. 3. 28 E. 3. 38 E. 3. ſtat. 1. and 50 E. 3. with others, begin thus. To the honour of God, and of HOLY CHVRCH, and redreſſe of the oppreſſions of the people, &c. theſe enſuing Acts were made & granted: to teſtifie, that even in thoſe dayes our Parliaments firſt began with matters of God and the Church, and ſettled them by Lawes as there was occaſion, and then proceeded to temporall matters and grievances: the very Statute of Magna Charta, having the ſame prologue wherein you may diſcerne this method purſued, and in moſt ſubſequent Parliaments. I ſhall adde to theſe printed Acts 6 E. 3. num. 5. prohibiting Biſhops to meddle in matters of the peace. 45 E. 3. num. 15. removing Biſhops from all temporall Offices, 50 E. 3. num. 99. 103. complaining againſt popiſh Cardinals. 40 E. 3. num. 7, 8. a notable Record againſt the Popes claime to the Kingdome of England, by vertue of K. Johns grant. 17 E. 3. num. 59, 60. 18 E. 3. num. 59, 60. 38 E. 3. num. 7. 50 E. 3. num. 85. 87, 88. complaining againſt, yea reſtraining the Popes exactions and uſurpations as the cauſe of all plagues. 50 E. 3. num. 46, 47. complaining againſt the Canons of the Clergy, and 47 E. 3. num. 24. againſt Ordinaries incroaching upon the civill Iuriſdiction.

To proceed to King Richard the ſecond,K. Rich. 2. the Statutes in the firſt yeare of his Raigne have this Preface. Richard by the Grace of God, &c. Know that to the honour of God, and reverence of holy Church, for to nouriſh peace unity and concord in all the parts of the Realme, &c. We have ordained and eſtabliſhed certain Statutes, &c. Firſt it is agreed and eſtabliſhed, that holy Church ſhall hauehave and enjoy all her rights, liberties, and franchiſes wholly and without blemiſh. &c. The confirmation of Magna Charta with other temporall Laws next follow; & then c. 13, 14, 15. three Lawes for paying of Tythes, and freeing Clergymen from arreſts during their exerciſing of divine Service. The ſecond Parliament in …. p. 82Rich. 2. hath the like prologue; To the honour of God and holy Church, cap. 1 confirmes the franchiſes & liberties of the Church: 3. R. 2. C. 1 doth the like & c. 3. is a Statute againſt Proviſions from Rome, to avoyd Nonreſidency, to provide for inſtruction of the people by preaching, and reforme many abuſes in the Church occaſioned by proviſions, made at the complaints, clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments, to reforme theſe abuſes, 5. R. 2. cap. 1. hath the like preface, c. 1. confirmes the Churches liberties, 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to ſuppreſſe hareſies, and Errors, contrary to the Chriſtian faith, and to impriſon haeretickes and erronious Preachers, till they juſtifie themſelves according to the Law and reaſon of holy Church. 6 Rich. 2. Stat. 1. hath the like prologue, and c. 1. Ordaines and accords, that our holy Mother the Church of England have all her Liberties whole and unhurt, and the ſame fully enjoy and uſe. 7 Rich. 2. hath the ſame prologue, c. 8. the like confirmation of the Churches priviledges, and c. 12. prohibits Proviſions from Rome. 8 Rich. 2. hath the like preface, and enacts in the firſt chapter. That holy Church have all her liberties, 9. R. 2. c, 4. 5. concerns Ordinaries, Priors dative, and perpetuall, and Preiſts, 10. R. 2. c. 1. ſaves pontificall dignity, and priviledge of holy Church, and cleares all in all things aforeſaid, 11. R. 2. c. 3. declares, that Biſhops ought not to be preſent or voting in Parliament in matters of blood, 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the puniſhments of Vagrants and c. 15. prohibits Proviſions from any forraign power, 13. R. 2. recites, That the acts therein paſſed were to the honour of God and holy Church: &c. and c. 13. prohibits hunting on holy-dayes, and Prieſts to keepe Dogs, who have not livings to a certaine value c. 18 concernes the Biſhop and Deane of Lincolne, and c. 29. Pilgrimes, 13. R. 2. Parl. 2. c. 23. provides for the election of Biſhops, and all other eccleſiaſticall dignities elective, and prohibits proviſions, uſurpations, citations, and Bulls of the Pope and Court of Rome under paine of a Praemunire, baniſhment, abjuration; Impriſonment, Fine and ranſome, 14. R. c. 2. Limits the exchanges of monyes to the Court of Rome, 15. R. 2. c. 2. 6. concernes forcible entries into Benefices, & Offices of holy Church, mortuaties to Religious perſons, Popes Bulls, conſecrations of Church-yeards and Appropriations of Churches, and Almes, 16. R. 2. c. 5 provides for preſentations to Churches, againſt the Popes uſurpations, Tranſlations excommunications, Bulls, and Juriſdiction, under paine of a Praemunire, 21. R. 2 it prefaced: To the honour of God and holy Church: and c. 1. confirmes the Churches Liberties.K. Henry 4.

In King Henry the 4th. his Parliaments, I finde, that the Prologues of the Statutes in 1. …. 4. 7. 9. and 13. H. 4. begin thus; To the honour of God and reverence of holy Church, &c. and the firſt Chapter in each of them is. That holy Church have and enjoy all her rights, liberties, and Franchiſes, entirely, and without imbleamiſhing. Then follow temporall Lawes. 2. H. 4. c. 3. 4. prohibits proviſions of exemption from regular or ordinary obedience, granted to any religious perſons from Reme, & Buls of exemption from payment of Tithes granted to the Religious of the Order of Cyſteaux, under paine of a P…amunire: and Cap. 15. provides for the ſuppreſſion of Sectaries, hereticall Preachers, p. 83Conventicles, heriticall Bookes, Schooles, and preſervation of the Catholique faith: enacting, that Heritickes ſhall be impriſoned, abjured and in caſe of relapſe, or obſtinacy, burned, 4. H. 4. c. 2. 3. confirme all the Statutes formerly made in favour of the Church and Clergy, and for preſervation of their liberties Cap. 12. concernes appropriations of Churches, Vicaridges, Ordinaries, the Biſhop and Archdeacon of Ely, and other Religious perſons, cap. 14. prohibits working or wages on holy-dayes, Cap. 17. enacts; that none ſhall enter into Religion unleſſe he be foureteene yeares of age without the Parents conſent Cap. 22. concernes preſentations to Benefices 5. H. 4. c. 11. 12. concerne Tithes, Chalices, and ornaments of holy Church, 6. H. 4. c. 1. prohibits proviſions and the payment of firſt fruits, or exacted fees to Rome, under forfeiture of all their eſtates who offend herein, 7. H. 4. c. 6. inhibits Religious perſons under paine of a Praemunire, to procure any exemption from payment of Tithes or any proviſions from the Pope, 9. H. 4. c. 8. forbids proviſions and tranſlations from the Pope under paine of a Praemunire, and makes all elections of Archbiſhops, Biſhops, Abbots, Prebends & Deans to be free, without any interruption from the Pope or King. 11. H. 4. c. 4 Prohibits unlawful games on Sundayes, and other holy dayes.

1. H. 5. c. 7. 8. prohibits the conferring of Eccleſiaſticall living upon Aliens, K. Henry 5.and orders their benefices and the lands of Priors aliens to be ſeiſed in times of Warre, 2. H. 5. c. 1. provides for Ordinaries viſitations of Hoſpitalls, and reformation of them after the lawes of the holy Church: Cap. 3. grants a prohibition to ſpirituall Courts, where they deny a Copy of the Lible, Chap. 7. for the preſervation of the Chriſtian faith, the Law of God and holy Church with in this Realme, and the puniſhment of Hereſies and Hereticks enacts, that Hereticks ſhall be apprehended and impriſoned by Sheriffs, and upon conviction of Hereſy, forſeit their Lands and goods, and be burned. 2. H. 5. Parl. 2. c. 2. limits the wages of Curates and Pariſh Prieſts, 3. H. 5. c. 1. enacts, that holy Church have all her liberties and franchſies C. 3. concerns Abbots and Priors, C. 4. inhibits proviſions from Rome under a Premiarie, C. 8. concernes Probate of Wills and r… gulates exorbitant fees for procuring them, C. 6. forbids the promotions of Iriſhmen to Beneficies or Eccleſiaſticall dignities, 9. H. 5. c. 9. limits the manner of collecting Diſmes by Archbiſhops, Biſhops and their Agents.

2. H. 6. c. 1 confirmes the Churches liberties 6. H 6. c. 3. prohibits worke on,K. Henry 6. and wages for holy dayes, 8. H. 6. begins thus. To the Laud and honor of Almighty God, and of the holy Mother the Church, Ch. 1. provides for the priviledges of the Convocation, 10. H. 6. c. 11. limits how Baſtardy ſhall be tryed between the Common and Canon Law, which differ therein: 15. H. 6. c. 7. concernes Abbots and Priots, 27. H. 6. c. 5. prohibits Faires and Merkets upon Sundayes and principle holy dayes, as a great prophanation of them, 28. H. 6. begins, To the honour of God and of holy Church, 33. H. 6. c. 6. concerns the exemption of the Abbot of Founteynes, and other Abbots and Priors, from Vexations ſutes.

1. Ed. 4. is prefaced. K. Ed. 4.To the honour of God and of holy Church, C. 1. containes in it many particulars concerning Biſhops, Abbots, and Clergymen, 3. E. 4. hath the ſame prefaced, and 12. E. 4. c. 7, preſcribes excommunication 4. times a yeare to be denounced againſt the infringers of Magna Charta, as other Acts formerly did

p. 84King Richard the 3d. prefaceth the Acts of his firſt Parliament in his 1. yeare thus.K. Rich. 3. To the honour of God and of holy Church, c. 14. limits the maner of collecting the Clergies Diſmes.

King Henry the 7th. begins his Statutes in the 1. yeare of his Reigne; To the honour of God and his holy Church:K. Henry 7. and Cap. 4. enables Archbiſhops, Biſhops, and other Ordinaries to impriſon Prieſts, Clerkes, and Religious perſons for incontinency, which they could not doe before; The Statutes of 2. 4. 11. 12. & 17. H. 7. (as their Prologues atteſt) were made, to the worſhip of God and holy Church, and for the common good of this Realme.

The Statutes of An. 1. 3. 4. & all or moſt Parliaments in the Regine of King Henry the 8th. are prefaced.K. Henry 8. To the honour of God and holy Church, and for the Common Weale and profit of this Realme: In the Parliament of 21. H. 8. C-3. 4. 13. there were Statutes made concerning Probat of VVi…s, taking of mortuaries by Prieſts or others, againſt Pluralities of Benefices, and taking of farmes by ſpirituall men, All of Eccleſiaſticall Cogniſance, 22. H. 8. c. 15. containes the Kings generall pardon to his ſpirituall Subjects, who were fallen into a Praemunire, by ſubmitting to Cardinall Wolſies power Legatine, 23. H. 8. c. 1. abridgeth the power of Ordinaries and takes away the benefit of Clergy in ſome caſes: ch. 9. enacts: That no man ſhall be cited into any eccleſiaſticall Court, out of the Dioceſſe wherein he dwells, unleſſe in certaine cauſes, ch. 10. ſettles the Law concerning feofements and aſſurances to the uſe of any Pariſh-Church or Chapell 24 H. 8. ch. 12. takes away all Appeales to Rome, and excellently ſets forth the Kings ſupremacy as well in and over Eccleſiaſticall cauſes and perſons, as temporall (as you may read at large in the Act it ſelfe) denying, exploding the authority of the Pope and Sea of Rome, 25. H. 8. c. 14. conteines a Law for the puniſhment of HERESY and HERETIQVES. limiting the maner of proceeding againſt them, defining what ſhal be hereſie, how it ſhall be puniſhed, and abridging the Authority of the Biſhops and Canon Law, ch. 16. concernes Pluralities, ch. 19. containes the ſubmiſſion of the Clergy & Convocation to the King; declares the Kings ſupremacy in cauſes Eccleſiaſticall, the impotency of the Clergy, or Convocation to make or promulge any Canons, or Eccleſiaſticall conſtituti…ns, or to debate any thing in Convocation without his Royall Lycence and approbation: The Nullity and invalidity of the Canon Law: aboliſheth all appeales to Rome; and Authorizeth 32. perſons, whereof halfe to be of the Clergy, the other halfe of THE LAITY, to ſurvay the Canon Law, and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act, for to be the only Canon Law, to be uſed within this Realme, Chap. 20. takes away the payment of any Annates o… firſt fruits to the Biſhop of Rome, nullifies his uſurped power, and Buls ſettles the forme of electing and conſecrating Archbiſhops and Biſhops within this Realme, and plentifully manifeſts the Kings and Parliaments Jurisdictions in Eccleſiaſticall affaires, chap. 21. doth the like: exonerating the Kings Subjects from all exactions and Impoſitions heretofore payed to the Sea of Rome, and enabling the Archbiſhop of Canterbury and his Officers to grant all Licences and diſpenſations within the Realme, which were formerly granted p. 85at Rome only. The Statute is worthy peruſall, conſideration, fully demonſtrating the power of the Parliament in Church affaires. 26. H. 8. c. 1. declares the Kings Highneſſe to be ſupreme head of the Church of England under Chriſt, making it a part of his Royall Title, and to have Eccleſiaſticall authority to redreſſe and reforme all Errors, Hereſies and abuſes in the Church, puniſhable by any ſpirituall or eccleſiaſticall Law. Chap. 3. enacts; The payment of the firſt fruits of all Dignities, Benefices, promotions ſpirituall, and tenthes to the King and his Heires, aboliſhing the Popes usurpations and authority herein, ch. 13. aboliſheth ſanctuarie in caſes of High Treaſon. ch. 14. Authorizeth the nomination and conſecration of ſuffragan Biſhops in ſundry places of this Realme, and both creates and limits their authority. chap. 15. takes away ſome exactions of ſpirituall men, within the Archdeaconry of Richmond, 27. H. 8. c. 8. limits, that the Kings ſpirituall Subjects ſhall pay no Tithes whiles they are in their firſt fruits ch. 15. authorizeth the King to nominate 32. perſons halfe of the Clergy, the other of the Laity for the peruſall and making of Eccleſiaſticall Lawes, and manifeſts the Convocations invalidity to make ſuch lawes or Canons, ch. 19. Limiteth and aboliſheth Sanctuaries, and ſanctuary perſons, ch. 20. containes an Order touching the paying of Tithes throughout the Realme: ch. 21. Limits the maner of payment of Tythes within the City of London ch. 27. ſuppreſſeth divers Monaſteries, Priories and Religious Houſes, veſteth their revenues in the King, and erects the Court of Augmentations. 28. H. 8. ch. 10. extinguiſheth thes authority of the Biſhop of Rome, preſcribes an Oath of abjuration of it and Popery together with the Popes uſurpations and excellently ſets forth the Kings ſupreamacy the Parliaments authority, in matters eccleſiaſticall as you may read in the Act, worthy peruſall ch. 11. enacts, Reſtitution of the firſt fruits in time of vacation to the next incumbent, ch. 13. compells ſpirituall perſons to reſidence upon their livings, ch. 16. Releaſeth ſuch as have obtained pretended Licences and diſpenſations from the Sea of Rome, 31. H 8. c. 6. enables ſuch as were Religious perſons to purchaſe lands, & to ſue and be ſued in al maner of Actions, which they were diſabled formerly to do by the Common & Canon Law, ch. 9. Enables the King to make Biſhops by his Letters Patents only, and to erect new Biſhopricks, which he did, ch. 13. diſolves all Monaſteries and religious Houſes and veſts them in the King, wherein you may behold much of the Kings and Parliaments power in Church buſineſſes, ch. 14. For aboliſhing of diverſity of opinions in matters of Religion; moſt fully and exactly demonſtrates; the Kings and Parliaments juriſdictions in matters of Religion, as the whole Act ſufficiently manifeſts, though the Articles therein defined were erronious, and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the puniſhment of incontinent Prieſts, and of women offending with them, ch. 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards, ch. 15. preſcribes the manner of proceeding againſt Heretickes, and impugners of the Act, for aboliſhing of enormious opinions in Chriſtian Religion, chap. 23, 24. concernes Accounts of Biſhops, and ſubſidies granted by the Clergie, chap. 25. Diſpences the Kings marriage with the Lady Iane, chap. 24. Diſſolves p. 86the Hoſpitalls of Saint Johns of Ieruſalem, in England, and Ireland, for ſupporting and maintaining the ſupremacy and juriſdiction of the Biſhop of Rome, contrary to their duty and Allegiance, chap. 26. Intitled, An act concerning true opinions, and Declaration of Chriſts Religion, is moſt pregnant to our preſent purpoſe, which you may peruſe, chap. 38. Concerning precontracts of marriages and degrees of conſanguinity, is likewiſe a moſt punctuall Act for the Kings and Parliaments Eccleſiaſticall power, and chap, 44. 45, 47. good evidences of it, 33. H. 8. chap. 15. 27, 28, 29, 30, 31, 32. Enabling Religious perſons to ſue and bee ſued; ſevering the Biſhopricks of CHESTER, and Iſle of MAN from the juriſdiction of CANTERBURY to the See of Yorke: making the Church of Whitgate a Popiſh Church by it ſelfe, and ſevering it from the Pariſh of Over; (which I wiſh our Independents to obſerve, and to learne from this and other Acts, that no new Churches or Pariſhes can be erected legally but by act of Parliament, which none of their Churches are) 34. and 35. H. 8. c. 1. intituled; An act for The advancement of true Religion and For the aboliſhing of the contrary, is moſt pertinent to our purpoſe, and c. 15. 17, 19, 35. H. 8. c. 9. for ratification of the Kings ſtile, and Title of Defender of the Faith, and ſupreame head of the Church of England, and Ireland, ch. 6. Concerning the qualification of the Statute of the 6. Articles, c. 16. concerning the examination of the Canon Lawes, by 32. perſons, halfe of the Clergie, and halfe of the temporalty, to be named by the Kings Majeſty, during his life, to compile a body of the Canon Law to bee uſed in the Realme, 37. H. 8. c. 4. 12. but eſpecially, ch. 17. That Doctors of civill Law may execute Eccleſiaſticall juriſdiction, though Laymen, and married (a Law worthy reading) and chap. 21. For the union of Churches not exceeding the value of 5l. (which could not be done but by Act of Parliament) are all moſt pregnant evidences of the Kings and Parliaments indubitable Eccleſiaſticall juriſdictions in matters of Diſcipline, Religion, Church-government, and all Church affaires whatſoever.

The Statutes made in King Edward the 6. his Reigne are moſt punctuall and pegnant evidences hereof;K. Edward the 6th. as namely, 1. Edw. 6. ch. 11. For adminiſtring the Sacrament in both kindes (therein proved neceſſary by ſundry Texts of Scripture) and puniſhing ſuch perſons as ſhall unreverently ſpeake againſt the Sacrament, with Temporall and Eccleſiaſticall cenſures. ch. 2. concerning the election and creation of Biſhops by the Kings Letters Patents, and what Proceſſe and Seales they ſhall uſe; declaring, that they have no Eccleſiaſticall juriſdiction but meerely from the King, ch. 9. For uniting certaine Churches within the City of Yorke: ch. 12. which aboliſheth Sanctuaries and Clergy in ſome caſes, 2. and 3. E. 6. ch. 1. For the Vniformity of ſervice, and the adminiſtration of the Sacraments throughout the Realme, ch. 13. For the true payment of Tythes, ch. 19. For abſtinence from fleſh, ch. 20. Concerning Recuſants, ch. 23. For poſitive Lawes made againſt the Mariage of Prieſts, ch. 23. The repeale of a Statute touching Precontracts of Mariage: 3. and 4. E. 6. ch. 10. For the aboliſhing and putting away of diverſe (ſuperſtitious Popiſh) Books and Images, chap. 11. That the Kings Majeſty may nominate and p. 87appoint 32. perſons (halfe Clergy-men, and halfe Laymen) to peruſe and make Eccleſiaſticall Lawes, ch. 12. For the manner of Ordaining Eccleſiaſticall Miniſters, and Conſecrating Biſhops, ch. 15. Againſt fond and phantaſticall Prophecies, 5. and 6. E. 6. ch. 1. For the uniformity of Common Prayer, and adminiſtration of the Sacraments, ch. 3. For the keeping of Holy-dayes, and Faſting dayes, ch. 4. Againſt fighting and quarelling in Churches and Church-Yards, ch. 12. For the lawfulneſſe of Prieſts Mariage and legitimation of their children, chap. 13. Touching Religious perſons, and c. 23. Againſt Vſurie. All theſe are clearely Eccleſiaſticall Acts, yet made by Parliament.

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

In Queen Elizabeths happy Raigne,Q. Elizabeth. there are ſundry Statutes abundantly manifeſting her own, and the Parliaments ſupreame Iuriſdictions and Legiſlative power in matters of Religion, Church-government, Diſcipline, &c. as namely, 1 Eliz. c. 1. An Act reſtoring to the Crowne the ancient Juriſdiction OVER THE STATE ECCLESIASTICALL & SPIRITVALL, and aboliſhing all fortaigne power repugnant to the ſame: which gives the Queen, her heires and ſucceſſors, all manner of Eccleſiaſticall Iuriſdiction, in, and over all Eccleſiaſticall perſons and cauſes, and power to correct, redreſſe, and reform all manner of HERESIE, SCHISME, ERRORS, ABVSES & OFFENCES p. 88ECCLESIASTICALL: preſcribes the oath of Supremacy (which all are to take and moſt Independents have formerly taken) wherein, they do utterly, teſtifie and declare in their conſciences, that the Queen and her Succeſſours are the onelyonly ſupreame Governours of this Realme, and other their Dommions, as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall, &c. which juriſdiction of theirs, they ſweare to their power to aſſiſt and defend: Which oath if any refuſe to take, hee ſhall forſeit all his Eccleſiaſticall promotions and temporall offices. This Act likewiſe aboliſheth the Popes juriſdiction, under pain of a praemunire and other mulcts againſt the maintainers of it: It determines what ſhall be adjudged HERESIE and what not; namely, Only ſuch matter and cauſe as heretofore hath been determined ordered, and adjudged to be hereſie, by the authority of the Canonicall Scriptures o… by the firſt foure generall-Councels, or any of them; or by any other generall Councell wherein the ſame was declared hereſie, by the expreſſe and plain words of the Canonicall Scripture, or ſuch as hereafter ſhall be ordered, IVDGED, OR DETERMINED TO BE HERESIE, BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME; with the aſſent of the Clergy in their Convocation: (to wit, by way of aſſiſtance and advice cumulatively, not negatively, as if their aſſent were ſimply neceſſary.) So as by this Act, the Parliament is made the ſole proper Iudge, what is or ſhal be reputed & puniſhed as hereſie, what not, & how it ſhal be puniſhed; the higheſt point of Eccleſiaſticall juriſdiction. Ch. 2. For the uniformity of Common prayer and ſervice in the Church, and adminiſtration of the Sacraments, enjoyning conformity under temporall and Eccleſiasticall puniſhments, is an irrefragable proofe of the Parliaments Eccleſiaſticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the aſſurance of the Queens royall power over all States and Subjects within her Highneſſe Dominions. ch. 23. For the due executing of Writs, de Excommunicato capiendo, ch. 28. For tranſlating of the Bible and divine Service into the Welch tongue. 8 Eliz. c. 1. Declaring the manner of making and Corſecrating the Archbiſhops, Biſhops, and Miniſters of this Realm, to be good, lawfull, and perfect: ratifying the Booke of common Prayer, and of Ordination, together with the Queens Soveraigne Eccleſiaſticall Authority. 13 Eliz. c. 2. Againſt the bringing in and putting in execution of Bulls and other inſtruments of the See of Rome, chap. 8. Againſt Uſury ch. 19. concerning Dilapidations, c. 12. To reforme certain diſorders touching Miniſters of the Church, ratifying the 39. Articles of Religion, and enjoyning ſubſcription thereunto, under penalties, loſſe of Benefices and other Eccleſiaſticall penalties, Limiting likewiſe the age of ſuch who are to be made Miniſters. ch. 17. Concerning the Leaſes of Benefices, and Eccleſiaſticall livings with Cure. 18. Eliz. c. 6. Concerning the taking away of Clergy, &c. 23 Eliz. c. 1. To retain the Queens Majeſties ſubjects in their due obedience, made againſt Jeſuits, Semenary Priests, and others receiving Orders from Rome, and the harbourers of them, under capitall penalties. 27. Eliz. c. 2. Againſt Jeſuits, Seminary Priests, and ſuch other diſobedient perſons. 29. Eliz. c. 6. Concerning Recuſants. 31. Eliz. c. 1. Againſt Symony. 35 Eliz. c. 1. Againſt Seperatiſts and Schiſmaticks refuſing conformity to our p. 89Church Service and Liturgie; who are lyable to impriſonment, fines, and other penalties for it by the Law. ch. 2. For restraining Popiſh Recuſants to ſome certaine plate of abode. 29 Eliz. c. 8. For confirmation of the Deprivation of divers Biſhops and Deanes in the beginning of the Queens Raigne. ch. 22. Concerning the Biſhop of Norwich, are plentifull evidences of what I plead for.

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

The Statutes in King Charles his Raigne, K. Charles.are punctuall evidences of the Soveraign Eccleſiaſticall juriſdiction of our Kings & Parliaments, in all which we find, not onelyonly ſeverall Committees appointed concerning Religion (frequent in all Queene Elizabeths and King James their Parliaments) but alſo ſundry Statutes concerning Religion and Church-matters; as namely, 1 Carols c. 1. For puniſhing divers abuſes committed on the Lords day. 3 Caroli c. 1. For further reformation of divers abuſes on the Lords day, ch. 2. To reſtraine the paſſing or ſending of any to be Popiſhly bred beyond the Seas. But the ſeverall Acts, Ordinances and Proceedings of this preſent Parliament, concerning all matters of Religion, Church government, and Eccleſiaſticall affaires, are preſidents beyond all exception: The Acts already paſſed, For ſuppreſſing the High-Commiſſion; diſabling any Clergy-man to meddle with any temporall offices, or to be Justices of Peace; The taking away of Biſhops Votes, and their ſitting in the Houſe of Peers. The ſeverall Acts, Votes, Ordinances which have paſſed both Houſe for aboliſhing all new Canons Plaralities Nonreſidence; puniſhing of ſcandalous Miniſters; Sanctifying the Lords day; Keeping of Monethly and other Faſts; Celebrating ſpeciall dayes of thanksgiving for ſundry Diſcoveries & Victories: Prohibiting the printing of erroneous books: Suppreſſing Antinomians, Socinians, Anabaptiſts, and other Sectaries; Aboliſhing all Innovations, Superſtitions, Idolatreus pictures, Images, Altars, Copes, Tapers, Royals, &c. Payment of Tythes, Probate of Wills, Ordination of Miniſters; and above all, their nominating and convening an Aſſembly of conſcientious, pious, reverend, learned, orthodox Divines, to aſſiſt them in reforming all errors and corruptions in Doctrine, Worſhip, Government, Diſcipline, and eſtabliſhing ſuch a pure Worſhip and Church-government in our Realme, as ſhalbe moſt agreeable p. 90to Gods Word (wherein they have made a large progreſſe already, the Directory for Worſhip being now finiſhed; and we expect a full accompliſhment of this much deſired Worke, ere long.) All theſe, with infinite other particulars, are a moſt ſatisfactory and unanſwerable evidence of the Parliaments juriſdiction, and Legiſlative power in all matters of Religion, Worſhip, Government, Diſcipline, and other Eccleſiaſticall things or proceedings whatſoever: none of which have ever been ſettled among us in any age in a legall and obligatory way, but onelyonly in and by Parliaments. I ſhall cloſe up theſe … Domeſtick authorities with the Ordinance of both Houſes of Parliament concerning the preſent Aſſembly of Divines; (wherein all may clearly diſcerne the juriſdiction of our Parliaments in all Church affaires, matters of Religion, and over the Aſſembly it ſelfe,) together with the Inſtructions or Ruled preſcribed to the Aſſembly (which they have punctually obſerved, and ſubmitted to) not yet in print.