Parliaments power in lawes for religion, or, An ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the Church of England, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. Heylyn, Peter, 1600-1662. This text is an enriched version of the TCP digital transcription A43547 of text R200234 in the English Short Title Catalog (Wing H1730). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 98 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A43547 Wing H1730 ESTC R200234 12137481 ocm 12137481 54783 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43547) Transcribed from: (Early English Books Online ; image set 54783) Images scanned from microfilm: (Early English books, 1641-1700 ; 105:6) Parliaments power in lawes for religion, or, An ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the Church of England, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. Heylyn, Peter, 1600-1662. [6], 36 p. Printed by Henry Hall ..., Oxford : 1645. Attributed to Peter Heylyn. Cf. BM. Signed: E.Y. Reproduction of original in Huntington Library. eng England and Wales. -- Parliament. Church of England -- Government. Church and state -- Great Britain. A43547 R200234 (Wing H1730). civilwar no Parliaments power, in lawes for religion. Or, an ansvvere to that old and groundles calumny of the papists, nick-naming the religion of the Heylyn, Peter 1645 17265 14 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2002-08 TCP Assigned for keying and markup 2002-09 SPi Global Keyed and coded from ProQuest page images 2002-10 Judith Siefring Sampled and proofread 2002-10 Judith Siefring Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion Parliaments Power , In Lawes for RELIGION . OR , AN ANSVVERE To that old and groundles Calumny of the Papists , nick-naming the Religion of the Church of England , by the name of a Parliamentary RELIGION . Sent to a freind , who was troubled at it , and earnestly desired satisfaction in it . OXFORD , Printed by HENRY HALL Printer to the UNIVERSITIE . 1645. The Preface . SYR , AT my being with you last , you seemed to bee much scandalized for the Church of England . You told me you were well assured that her Doctrine was most true and orthodox , her Government conform to the word of God , and the best Ages of the Church ; her Liturgy an Extract of the Primitive Formes : Nothing in all the whole composure but what did tend to edification , and increase of Piety . But that you were not satisfied in the waies and meanes by which this Church proceeded in her Reformation : That you had heard it oft objected by some Partisans of the Church of Rome , that our Religion was meere Parliamentarian ; or , as Doctor Harding said long since , That we had a Parliament-Religion , a Parliament-Faith , and a Parliament-Gospell ; to which Sanders and some others added , That we had none but Parliament Bishops , and a Parliament-Clergy . That you were apt enough to think , the Papists made not all this noise without some ground for it , in regard you see the Parliaments in these latter times so bent to catch at all occasions whereby to manifest their power in Ecclesiasticall matters . And finally , that you were heartily ashamed , that being so often choaked with these objections , you neither knew how to traverse the Inditement , or plead not guilty to the Bill . This was the sum of your Discourse ; and upon this you did desire me to be think my selfe of some fit plaister for this sore , to satisfie you ( if I could ) of your doubts and jealousies , assuring me that your desires proceeded not from curiositie , or an itch of knowledg , or out of any disaffection to the high Court of Parliament ; but meerly from an honest zeale to the Church of England , whose credit and renown you did far prefer before your life , or whatsoever else could be deere unto you ; adding withall , That if I would take paines for your satisfaction , and help you out of those perplexities which you were involved in , I should not only doe good service to the Church it selfe , but to many a wavering Member of it , whom these objections mainly stagger in their Resolution . In fine , that you desired to be informed how far the Parliaments of England have been interessed , in the former times , in matters which concern Religion , and God's publique worship ; what ground there is for all this clamour of the Papists ; and whether the two Houses , or eyther of them have exercised , of old , any such authority in things of Ecclesiasticall and Spirituall nature , as they now pretend to . VVhich , though it be a dangerous and invidious Subject ( as the times now are ) yet for your sake , and for the truths , and for the honour also of Parliaments , which seeme to suffer much in the accusation , I shall undertake it ; Premising first , that I intend not to say any thing to the point of Right , whether or not the Parliament may lawfully meddle in such matters as concern Religion , but shall apply my selfe only unto matters of fact , as they relate unto the Reformation here by Lawe established . And for my method in this businesse , I will begin with the Ejection of the Pope and his authority ; descending next to the Translation of the Scriptures into the English tongue , and the Reformation of the Church in Doctrinals and Formes of Worship ; and so proceed unto the power of making Canons for the well ordering of the Clergy , and the direction of the people in all such particulars as doe concern them in the exercise of their Religion . And in the canvasing of these points , I shall make it good , that till these busie and unfortunate dayes , in which every man intrudeth on the Preistly function , the Parliaments did not any thing at all either in matters Doctrinal , or in making Canons , or in translating of the Scriptures ; and that concerning Formes of Worship they did nothing neyther , but strengthen and establish what was done before in the Clergy-way , by adding the Secular authority to the Constitutions of the Church , according to the usage of the best and happiest times of Christianity . PARLIAMENTS POWER , in Lawes for Religion . 1. Of the Ejection of the Pope . AND first , beginning with the Ejection of the Pope and his authority , that led the way unto the Reformation of Religion which did after follow : It was first voted and decreed in the Convocation , before ever it became the subject of an Act of Parliament . For in the yeare 1530. 22o . H. 8. the Clergy being caught in a Premunire were willing to redeeme their danger by a summe of money , and to that end the Clergy of the Province of Canterbury bestowed upon the king the summe of 100000 pounds , to be paid by equall portions in the five yeares following . But the king would not so be satisfied unlesse they would acknowledge him for the supreme head on Earth of the Church of England , which though it was hard meate , and would not easily downe amongst them , yet it passed at last . For , being throughly debated in a Synodicall way , both in the upper and lower houses of Convocation , they did in fine agree upon this expression . Cujus ( Ecclesiae sc. Anglicanae ) singularem Protectorem , unicum et supremum Dominum , et ( quantum per Christi leges licet ) supremum Caput , ipsius Majestatem recognoscimus . To this they all assented and subscribed their hands , and afterwards incorporated it into the publique Act or Instrument , which was presented to the King in the name of his Clergy , for the redeeming of their error , and the graunt of their money , which as it doth at large appeare in the Records and Acts of the Convocation , so is it touched upon in an Historicall way in the Antiq. Britan : Mason de Minist. Anglic. and some other Authors ; by whom it also doth appeare , that what was thus concluded on by the Clergy of the Province of Canterbury , was also ratified and confirmed by the Convocation for the Province of Yorke ( according to the usuall custom ) save that they did not buy their Pardon at so deare a rate . This was the leading Card to the game which followed . For on this ground were built the Statutes prohibiting all Appeales to Rome , and for determining all Ecclesiasticall suites and controversies within the Kingdome 24. H. 8. c. 12. That for the manner of Electing and Consecrating of Archbishops and Bishops . 25. H. 8. c. 20. and , the prohibiting the payment of all impositions to the Court of Rome ; and for obtayning all such Dispensations from the See of Canterbury which formerly were procured from the Popes of Rome . 25. H. 8. c , 21. which last is built expresly upon this foundation ; That the King is the only supreme Head of the Church of England , and was so recognized by the Prelates and Clergy , representing the said Church in their Convocation . And on the very same foundation was the Statute raised 26. H. 8. c. 1. where in the King is declared to be the supreme head of the Church of England , & to have all honors & Preeminencies which were annexed unto that Title , as by the Act it selfe doth at full appeare , which Act being made ( I speake it from the Act it selfe ) only for corroboration and confirmation of that which had beene done in the Convocation , did afterwards draw on the Statute for the Tenths and First-fruits , as the point incident to the Headship or supreme authority , 26. H. 8 , c. 3. The second step to the Ejection of the Pope , was the submission of the Clergy to the said K. Henry , whom they had recognized for their supreme Head . And this was first concluded on in the Convocation , before it was proposed or agitated in the houses of Parliament ; and was commended only to the care of the Parliament , that it might have the force of a Law by a civill Sanction . The whole debate with all the traverses and emergent difficulties which appeared therein are specified at large in the Records of Convocation , Anno 1532. But being you have not oportunity to consult those Records , I shall prove it by the Act of Parliament , called commonly the Act of the submission of the Clergy , but bearing this Title in the Abridgement of the Statutes set out by Poulton , That the Clergy in their Convocations shall enact no Constitutions without the Kings assent . In which it is premised for granted that the Clergy of the Realm of England , had not only acknowledg'd according to the Truth , that the Convocation of the same Clergy , is , alwaies hath beene , and ought to be assembled alwaies by the Kings Writ ; but also submitting themselves to the Kings Majesty , had promised in verbo Sacerdotii , That they would never from henceforth presume to attempt , alleage , claime , or put in ure , enact , promulge or execute any new Canons , Constitutions , Ordinances Provinciall , or other , or by whatsoever other name they shall be called in the Convocation , unlesse the Kings most Royall assent may to them be had , to make , promulge and execute the same , and that his Majestie doe give his most royall Assent and Authority in that behalfe . Upon which ground worke of the Clergies , the Parliament shortly after built this superstructure , to the same effect : viz. That none of the said Clergy from thenceforth should presume to attempt , alleage , claime or put in ure any Constitutions or Ordinances , Provinciall or Synodals , or any other Canons ; nor shall enact , promulge , or execute any such Canons , Constitutions , or Ordinances Provinciall ( by whatsoever name or names they may be called ) in their Convocations in time comming ( which alwaies shall be assembled by the kings Writ ) unlesse the same Clergy may have the kings most royall Assent and Licence to make , promulge and execute such Canons , Constitutions and Ordinances Provinciall or Synodicall , upon paine of every one of the said Clergy doing the contrary to this Act , and thereof convict , to suffer imprisonment and make fine at the kings will . 25. H. 8. c. 19. So that the Statute , in effect , is no more than this , an Act to bind the Clergy to performe their promise , to keepe them fast unto their word for the time to come , that no new Canon should bee made in the times succeeding in favour of the Pope , or by his authority , or to the diminution of the Kings Royall Prerogative , or contrary to the Lawes and Statutes of this Realme of England , as many Papall Constitutions were in the former Ages : which Statute I desire you to take notice of , because it is the rule and measure of the Churches power in making Canons , Constitutions , or whatsoever else you shall please to call them in their Convocations . The third and finall Act conducing to the Popes Ejection , was an Act of Parliament 28. H. 8. c. 10. Entituled an Act extinguishing the Authority of the Bishop of Rome . By which it was Enacted That if any person should extoll the authority of the Bishop of Rome , he should incurre the penalty of a Praemunire ; that every Officer , both Ecclesiasticall and Lay , should be sworne to renounce the said Bishop and his authority , and to resist it to his power , and to repute any Oath formerly taken in maintenance of the said Bishop , or his authority , to be void ; and finally that the refusall of the said Oath should be judged high Treason . But this was also usherd in by the Determination first , and after by the Practice of all the Clergie . For in the yeare 1534 , which was two yeares before the passing of this Act , the King had sent this Proposition to be agitated in both Vniversities , and in the greatest and most famous Monasteries of the Kingdome , that is to say , An aliquid authoritatis in hoc regno Angliae Pontifici Romano de jure competat plus quam alii cuicunque Episcopo extero ? By whom it was determined Negatively , that the Bishop of Rome had no more power of right in the kingdome of England , than any other forraigne Bishop : Which being testified and returned under their hands and seales respectively ( the Originals whereof are still remayning in the Library of Sir Robert Cotton ) was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like . And so accordingly they did , and made an Instrument thereof subscribed by the hands of all the Bishops , and others of the Clergie , and afterwards confirmed the same by their corporall Oathes : The copies of which Oathes and Instrument you shall finde in Foxes Acts and Monuments vol. 2. fol. 1203. and fol. 1210. & 1211. of the Edition of Iohn Day , An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified , to be imposed upon the Subject , for the more cleare asserting of the Kings Supremacy , and the utter exclusion of the Popes for ever ; which Statutes though they were all repealed by one Act of Parliament 1. & 2. of Phil. & Mary c. 8. yet they were brought in force againe 1. Eliz. c. 1. save that the name of Supreme Head was changed unto that of the Supreme Governour , and certaine clauses altered in the Oath of Supremacy . Where ( by the way ) you must take notice that the Statutes which concerne the Kings Supremacy , are not introductory of any new Right , that was not in the Crown before , but only declaratory of an old , as our best Lawyers tell us , and the Statute of the 26. of H. 8. c. 1. doth clearly intimate . So that in the Ejection of the Pope of Rome , which was the first and greatest step towards the worke of Reformation , the Parliament did nothing , for ought yet appeares , but what was done before in the Convocation , and did no more than fortifie the results of Holy Church by the Addition and Corroboration of the Secular Power . 2. Of the Translation of the Scriptures , and permitting them to bee read in the English Tongue . THE second step towards the worke of Reformation , ( and indeed one of the most especiall parts thereof ) was the Translation of the Bible into the English Tongue , and the permitting all sorts of people to peruse the same , as that which visibly did tend to the discovery of the errors and corruptions in the Church of Rome , and the intolerable Pride and Tyranny of the Romane Prelates , upon which grounds it had beene formerly translated into English by the hand of Wickliff , and after , on the spreading of Luther's Doctrine , by the paines of Tyndall , a stout and active man in king Henries daies , but not so well befreinded as the worke deserved : especially considering that it happened in such a time when many printed Pamphlets did disturbe the State ( and some of them of Tindals making ) which seemed to tend unto Sedition and the change of Government . Which being remonstrated to the King , he caused divers of his Bishops , together with sundry of the learnedest and most eminent Divines of all the Kingdome to come before him : whom he required freely and plainly to declare aswell what their opinion was of the foresaid Pamphlets , as what they did thinke fit to be done concerning the Translation of the Bible into the English Tongue ; And they upon mature advise and deliberation , unanimously condemned the aforesaid bookes of Heresie and Blasphemie ( no smaller crime . ) Then , for translating of the Scriptures into the English tongue , they agreed all with one assent , that it depended wholly on the Will and Pleasure of the Soveraign Prince , who might doe therein as he conceived to be most agreeable to his occasions ; but that with reference to the present estate of things , it was more expedient to explaine the Scripture to the people by the way of Sermons , then to permit it to be read promiscuously by all sorts of men : yet so that hopes were to be given unto the Laity , that if they did renounce their errours , and presently deliver to the hands of his Majesties Officers all such bookes and Bibles ( which they conceived to bee translated with great fraud and falshood ) as any of them had in keeping , his Majesty would cause a true and catholick Translation of it to be published in convenient time , for the use of his Subjects . This was the summe and substance of the present Conference , which you shall finde laid downe at large in the Registers of Archbishop Warham . And according to this advice the King sets out a Proclamation not only prohibiting the buying , reading , or translating of any the aforesaid bookes , but straitly charging all his Subjects which had any of the bookes of Scripture , eyther of the old Testament or of the new , in the English tongue , to bring them in without delay . But for the other part , of giving hopes unto the people of a true Translation , if they delivered in the false ( or that at least which was pretended to be false ) I finde no word at all in the Proclamation . That was a worke reserved unto better times , or left to be sollicited by the Bishops themselves , and other learned men who had given the counsell ; by whom ( indeede ) the people were kept up in hope that all should bee accomplished unto their desires . And so indeed it proved at last . For in the Convocation of the yeare 1536. the authority of the Pope being abrogated , and Cranmer fully setled in the See of Canterbury , the Clergy did agree upon a forme of Petition to be presented to the King , that he would graciously indulge unto his Subjects of the Laity the reading of the Bible in the English tongue , and that a new Translation of it might be forth with made for that end and purpose . According to which godly motion , his Majesty did not only give order for a new Translation , which afterwards he authorized to be read both in publique and private ; but in the interim he permitted Cromwell his Vicar-Generall to set out an Injunction for providing the whole Bible both in Latine and English , after the translation then in use , ( which was call'd commonly by the name of Matthew's Bible , but was indeede no other , than that of Tyndall somewhat altered ) to be kept in every parish Church throughout the kingdome , for every one that would to repaire unto , and caused this marke or character of authority to be set upon them in red Letters Set forth with the Kings most Gracious Licence , which you may see in Fox his Acts & Monum. p. 1248. & 1363 ▪ Afterwards , when the new Translation so often promised , and so long expected , was complete and finished , printed at London by the Kings authority , and countenanced by a grave and pious Preface of Archbishop Cranmer ; the King sets out a Proclamation dated May . 6. An. 1541. Commanding all the Curates and Parishioners throughout the kingdome , who were not already furnished with Bibles so authorized and translated as before is said , to provide themselves before Alhallowtide next following , and to cause the Bibles so provided to be placed conveniently in their severall and respective Churches ; straitly requiring all his Bishops and other Ordinaries to take speciall care , to see his said Commands put in execution . And therewithall came out Instructions from the King to be published by the Clergy in their severall parishes , the better to possesse the people with the Kings good affection towards them in suffering them to have the benefit of such heavenly Treasure ; and to direct them in a course by which they might enjoy the same to their greater comfort , the reformation of their lives , and the peace and quiet of the Church . Which Proclamation and Instructions are still preserved in that most admirable Treasury of Sir Robert Cotton . And unto these Commands of so great a Prince , both Bishops , Priests and People did apply themselves with such cheerefull reverence , that Bonner ( even that bloody butcher , as he after proved ) caused sixe of them to be chayned in severall places of Saint Paul's Church in London , for all that were so well inclined to resort unto , for their edification and instruction , the booke being very chargeable , because very large ; and therefore called commonly ( for distinctions sake ) The Bible of the greater Volume . Thus have we seene the Scriptures faithfully Translated into the English Tongue , the Bible publickly set up in all parish-churches , that ev'ry one wch would might peruse the same , and leave permitted to all people to buy them for their private uses , and reade them to themselves , or before their families , and all this brought about by no other meanes than by the Kings authority ▪ only grounded on the advice and judgement of the Convocation . But long it was not I confesse , before the Parliament put in for a share , and claimed some interest in the worke ; but whether for the better or the worse ▪ I leave you to judge . For in the yeare 1542 , the King being then in agitation of a league with Charles the Emperour , he caused a complaint to be made unto him in his Court of Parliament That the liberty granted to the people in having in their hands the bookes of the old and new Testament , had beene much abused by many false glosses and interpretations which were made upon them , tending to the seducing of the people , especially of the younger sort , and the raysing of sedition within the Realme . And thereupon it was enacted by the authority of the Parliament ( on whom he was content to cast the envy of an Act so contrary to his former gracious Proclamations ) that all manner of bookes of the old and new Testament of the crafty , false , and untrue Translation of Tyndall , be forthwith abolished , and forbidden to be used and kept . As also , that all other Bibles not being of Tyndalls translation in which were found any Preambles or Annotations , other than the quotations or Summaries of the Chapters , should be purged of the said Preambles and Annotations , eyther by cutting them out , or blotting them in such wise that they might not be perceived or read . And finally that the Bible be not read openly in any Church , but by the leave of the King or of the Ordinary of the place ; nor privately by any Women , Artificers , Prentices , Iourneymen , Husbandmen , Labourers , or by any of the servants of Yeomen or under , with severall paines to those who should doe the contrary . This is the substance of the Statute of the 34. & 35. H. 8. cap. 1. which though it shewes that there was somewhat done in Parliament , in a matter which concern'd Religion ( which howsoever if you marke it , was rather the adding of the penalties , than giving any resolution or decision of the points in Question ) yet I presume the Papists will not use this for an Argument , that we have eyther a Parliament-Religion , or a Parliament-Gospell ; or that we stand indebted to the Parliament for the use of the Scriptures in the English Tongue , which is so principall a part of the Reformation . Nor did the Parliament speede so prosperously in the undertakiug ( which the wise King permitted them to have an hand in for the foresaid ends ) or found so generall an obedience in it from the common people , as would have beene expected in these times , on the like occasion ; but that the King was faine to quicken and give life to the Acts thereof by his Proclamatiom . An. 1546. which you shall find in Fox his booke . fol. 1427. To drive this nayle a little farther . The terror of this Statute dying with H. 8. or being repealed by that of K. E. 6. 1 E. 6. c. 12. the Bible was againe made publique ; and not only suffered to be read by particular persons , either privately , or in the Church ; but ordered to be read over yearely in the Congregation , as a part of the Liturgy , or divine Service ; which how farre it relates to the Court of Parliament we shall see anon . But for the publishing thereof in print for the use of the people , for the comfort and edification of private persons , that was done only by the King , at least in his name , and by his authority . And so it also stood in Q. Elizabeths time , the Translation of the Bible being againe reviewed by some of the most learned Bishops appointed thereunto by the Queenes Commission ( from whence it had the name of the Bishops-Bible ) and upon that Review , reprinted by her sole Commandement , and by her sole authority left free and open to the use of her well affected and Religious Subjects . Nor did the Parliament doe any thing in all her Reigne with reference to the Scriptures in the English tongue , otherwise than as the reading of them in that tongue in the Congregation , is to be reckoned for a part of the English Liturgy , whereof more hereafter . In the translation of them into Welch or British , somewhat indeed was done which doth looke this way . It being ordered in the Parliament 5. Eliz. c. 28. That the B. B. of Hereford , St. Davids , Bangor , Landaffe , and St. Asaph , Should take care amongst them for translating the whole Bible , with the booke of Common ▪ Prayer into the Welch or British tongue , on paine of forfeiting 40 a peece , in default hereof . And to encourage them thereunto , it was enacted , that one booke of either sort being so translated and imprinted , should be provided and bought for every Cathedrall Church , as also for all parish Churches and Chappells of ease , where the said tongue is commonly used : the Ministers to pay the one halfe of the price , and the parishioners the other . But then you must observe withall , that it had beene before determined in the Convocation of the selfe same yeare . An. 1562. That the Common-prayer of the Church ought to be celebrated in a tongue which was understood by the people ( as you may see in the booke of Articles of Religion . Art. 24. which came out that yeare ) and consequently as well in the Welch or British , as in any other . And for the new Translation of K. Iames his time , to shew that the Translation of Scripture is no worke of Parliament , as it was principally occasioned by some passages in the Conference at Hampton Court without recourse unto the Parliament , so was it done only by such men as the King appointed , and by his authority alone imprinted , published and imposed ; care being taken by the Canon of the yeare 1603. That one of them should be provided for each severall Church , at the charge of the Parish . No flying in this case to an Act of Parliament , either to authorize the doing of it , or to impose it being done . 3. Of the Reformation of Religion in points of Doctrine . NExt , let us look upon the method used in former times in the reforming of the Church , whether in points of Doctrine , or in formes of Worship , and we shall find it still the same . The Clergy did the worke as to them seemed best , never advising with the Parliament , but upon the post fact , and in most cases not at all . And first for Doctrinals , there was but little done in king Henries time but that which was acted by the Clergie only in their Convocations , and so commended to the people by the Kings sole authority , the matter never being brought within the cognizance of the two Houses of Parliament . For in the yeare 1536 , being the yeare in which the Popes authoritie was for ever banished , there were some Articles agreed on in the Convocation , and represented to the King , under the hands of all the Bishops , Abbats , Priors , and inferiour Clergy usually called unto those meetings ; the Originall whereof being in Sir Robert Cottons Library I have often seene : which being approved of by the King , were forthwith published under the Title of Articles devised by the Kings Highnesse to stable Christian quietnesse and unity amongst the people . In which it is to be observed , first ; that those Articles make mention of 3 Sacraments only , that is to say of Baptisme , Penance , and the Sacrament of the Altar . And secondly , that in the declaration of the Doctrine of Iustification , Images , honouring of the Saints departed , as also concerning many of the usuall Ceremonies , and the fire of Purgatory , they differ'd very much from those opinions which had beene formerly received in the Church of Rome , as you may partly see by that extract of them which occurres in Fox his Acts and Monuments , vol. 2. fol. 1246. For the confirming of which booke , and recommending it to the use of the people , his Majesty was pleased in the Injunctions of the yeare 1536. to give command To all Deanes , Parsons , Vicars and Curats , so to open and declare in their Sermons and other Collations the said Articles unto them which be under their Cure , that they might plainly know and discerne , which of them be necessary to be beleeved and observed for their salvation , and which doe only concerne the Decent and politique Order of the Church . And this he did upon this ground , that the said Articles had beene concluded and condiscended upon by the Prelates and Clergy of the Realme in their Convocation , as appeareth in the very words of the Injunction : for which see Fox his Acts and Monuments fol. 1247. I finde not any thing in Parliament which relates to this , either to countenance the worke , or to require obedience and conformity from the hands of the people . And , to say truth , neither the King nor Clergy did account it necessary , but thought their owne authority sufficient to goe through with it , though certainly it was more necessary at that time then in any since , the power and reputation of the Clergy being under foot , the King scarce setled in the Supremacy so lately recognized unto him , and therfore the authority of the Parliament of more use than afterward , in times well ballanced and established . 'T is true that in some other yeares of that Princes Reigne , we finde some use and mention of an Act of Parliament , in matters which concern'd Religion , but in was only in such times when the hopes of Reformation were in the wane , and the worke went retrograde . For in the yeare 1539. being the 31 H. 8. When the Lord Cromwel's power began to decline , and the King was in a necessitie of compliance with his neighbouring Princes , there passed an Act of Parliament commonly called the Statute of the six Articles ( or the whip with six stringes ) In which it was enacted . That whosoever by word or writing should preach , teach , or publish , that in the blessed Sacrament of the Altar , under forme of bread and wine , there is not really the naturall Body and Blood of our Saviour Jesus Christ , conceived of the virgin Mary , ( or affirme otherwise thereof then was maintained and taught in the Church of Rome ) should be adjudged an Heretick , and suffer death by burning , and forfeit all his Lands and Goods , as in case of high Treason . Secondly , that Whosoever should teach or preach , that the Communion of the blessed Sacrament in both kindes is necessary for the health of mans Soule , and ought so to be ministred . Thirdly , or that any man after the Order of Priest-hood received might marry , or contract matrimony : Fourthly , or that any woman which had vowed and professed chastity , might contract marriage . Fifthly , or that private Masse were not lawfull and laudable , and agreeable to the word of God . Or , sixthly , that Auricular Confession was not necessary and expedient to be used in the Church of God , should suffer death , and forfeit Lands and Goods , as a felon . 31 of H. 8. c ▪ 14. The rigour of which terrible Statute was shortly after mitigated in the said Kings Reigne , 32. H. 8. c , 10. and 35. of H. 8. c. 5. and the whole Statute absolutely repealed by Act of Parliament , 1. Ed. 6. c. 12. But then it is to be observed first , that this Parliament of King Henry the Eighth , did not determine any thing in those six points of Doctrine which are therein recited , but only tooke upon them to devise a course for the suppressing of the contrary opinions , by adding by the secular Power , the punishment of Death , and forfeiture of Lands and Goods , unto the censures of the Church , which were grown weake , if not invalid ; and consequently , by degrees became neglected ever since the said King Henry tooke the Headship on him , and exercised the same by a Lay Vicar-Generall . And secondly , you must observe that it appeareth evidently by the Act it selfe , that at the same time the King had called a Synod and Convocation of all the Archbishoppes , Bishoppes , and other learned men of the Clergy , that the Articles were first deliberately and advisedly debated , argued and reasoned by the said Archbishops , Bishops , and other learned men of the Clergy , and their opinions in the same declared and made knowne , before the matter came in Parliament , and finally that being brought into the Parliament , there was not any thing declared and passed as doctrinall , but by the assent of the Lords spirituall , and other learned men of the Convocation , as by the Act it selfe doth at large appeare . Finally , whatsoever may be drawne from hence , can be only this , That King Henry did make use of his Court of Parliament for the establishing and confirming of some points of Popery , which seemed to be in danger of a Reformation . And this compared with the Statute of the 34. & 35. prohibiting the reading of the Bible by most sorts of people , doth clearely shew that the Parliaments of those times did rather hinder and retard the worke of Reformation , in some especiall parts thereof , than give any furtherance to the same . But to proceede . There was another point of Reformation begunne in the Lord Cromwel's time , but not produced , nor brought unto perfection till after his decease , and then too , not without the midwifery of an Act of Parliament . For in the yeare 1537. the Bishops and others of the Clergy of the Convocation , had composed a booke entituled the Institution of a Christian man , which being subscribed by all their hands , was by them presented to the King , by his most excellent judgement to be allowed of , or condemned . This booke , conteyning the cheife heads of Christian Religion , was forth with printed , and exposed to publique view . But some things not being clearely explicated , or otherwise subject to exception , he caused it to be reviewed , and to that end ; as Supreme Head , on Earth , of the Church of England ( I speake the very words of the Act of Parliament . 32. H. 8 ▪ c. 26. ) appointed the Archbishops and Bishops of both Provinces , and also a great number of the best learned , honestest , and most virtuous sort of the Doctors in Divinity , men of discretion , judgement , and good disposition , to be called together , to the intent that according to the very Gospell and Law of God , without any partiall respect or affection to the Papisticall sort , or any other Sect or Sects whatsoever , they should declare , by writing , and publish , as well the principall Articles and Points of our Faith and Beleife ; with the Declaration , true understanding and observation of such other expedient points , as by them , with his Grace's advise , Counsaile and Consent , shall be thought needfull and expedient : As also for the lawfull Rites , Ceremonies , and observation of Gods service within this Realme . This was in the yeare 1540. at what time the Parliament was also sitting , of which the King was pleased to make this especiall use , that whereas the worke which was in hand ( I use againe the words of the Statute ) required ripe and mature deliberation , and was not rashly to be defined and set forth , and so not fit to be restrained to the present Session : An Act was passed to this effect , that all Determinations , Declarations , Decrees , Definitions and Ordinances , as according to God's Word and Christs Gospell should at any time hereafter be set forth by the said Archbishops and Bishops , and Doctors in Divinity , now appointed , or hereafter to be appointed by his Royall Majesty , or else by the whole Clergy of England , in and upon the Matter of Christ's Religion , and the Christian Faith , and the lawfull Rites , Ceremonies , and observations of the same , by his Majesties advice and confirmation under the Great Seale of England , shall be by all his Graces Subjects fully beleeved , obeyed , observed and performed to all purposes and intents , upon the paines and penalties therein to be comprized , as if the same had beene in expresse words and sentences plainly and fully made , set forth , declared and conteined in the said Act. 32. of H. 8. c , 26. Where note that the two houses of Parliament were so farre from medling in the matter which was then in hand , that they did not so much as require to see the determinations and Decrees of those learned men whom his Majesty had then assembled , before they passed the present Act to binde the subject fully to beleeve , observe and performe the same ; but left it wholly to the judgement and discretion of the King and Clergy , and trusted them besides with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons , as to them seemed meete . This ground worke laid , the worke went forwards in good order , and at last being brought unto as much perfection as the said Archbishops , Bishops , and other learned men could give it , without the cooperation and concurrence of the Royall assent , it was presented once againe to the King's consideration , who very carefully perused it , and alterd many things with his owne hand , as appeareth by the booke it selfe still extant in the famous Library of Sir Robert Cotton , and having so altered and corrected it in some passages , returned it to the Arcbishop of Canterbury , who bestowed some further paines upon it , to the end that being to come forth in the Kings name , and by his authority , there should be nothing in the same which might be justly reprehended . The businesse being in this forwardnesse , the King declares in Parliament , An. 1544. being the 34 yeare of his Reigne his zeale and care , not only to suppresse all such bookes and writings as were noysom and pestilent , and tended to the seducing of his subjects : but also to ordaine and establish a certaine forme of pure and sincere teaching , agreeable to Gods Word , and the true doctrine of the Catholick and Apostolick Church , whereunto men may have recourse for the decision of some such controversies , as have in times past , & yet doe happen to arise . And for a preparatory thereunto , that so it might come forth with the greater credit , he caused an Act to passe in Parliament for the abolishing of all bookes and writings comprizing any matters of Christian Religion , contrary to that doctrine which since the yeare 1540. is ▪ or any time during the Kings life , shall be set forth by his Highnesse , and for the punishment of all such ( and that too with most grievous paines ) which should preach , teach , mainteine or defend any matter or thing contrary to the booke of Doctrine which was then in readinesse 34.35 . H. 8. c. 1. Which done he caused the said booke to be imprinted in the yeare next following , under the Title of A necessary Doctrine for all sorts of people ; prefixing a Preface thereto in his owne Royall name , to all his faithfull and loving Subjects , that they might know the better in those dangerous times , what to beleeve in point of Doctrine , and how they were to carry and behave themselves in point of practice . which Statute , as it is the greatest evidence which those times afford , to shew , that both , or either of the houses of Parliament had any thing to doe in matters which concern'd Religion ; so it entitles them to no more ( if at all to any thing ) then that they did make way to a booke of doctrine which was before digested by the Clergy only , revised after and corrected by the Kings owne hand , and finally perused and perfected by the Metropolitan . And more than so ( besides , that being but one swallowe , it can make no summer ) it is acknowledged and confessed in the Act it selfe ( if Poulton understand it rightly in his Abridgement ) that recourse must be had to the Catholick and Apostolick Church , for the decision of Controversies . Which as it gives the Clergy the Decisive power , so it left nothing to the Houses but to assist and ayde them with the Temporall sword , when the Spirituall Word could not doe the deede , the point thereof being blunted , and the edge abated . Next let us looke upon the time of king Ed. 6. and we shall find the Articles and Doctrine of the Church ( excepting such as were conteined in the booke of Common-Prayer ) to be composed , confirmed and setled in no other way than by the Clergy only in their Convocation , the kings authority cooperating and concurring with them . For , in the Synod held in London An. 1552. The Clergy did compose and agree upon a booke of Articles , conteining the chiefe heads of the Christian Faith , especially with referrence to such points of Controversie as were in difference betweene the Reformators of the Church of England , and the Church of Rome , and other opponents whatsoever ; which after were approved and published by the Kings authority . They were in number 41 , and were published by this following Title , that is to say , Articuli de quibus in Synodo London , An. 1552. ad tollendum opinionum dissentionem , et consensum verae Religionis firmandum , inter Episcopos & alios Eruditos viros convenerat , Regia Authoritate in lucem Editi . And , it is worth our observation , that though the Parliament was held at the very time , and that the Parliament passed severall Acts which concerned Church-matters , as viz. An Act for uniformity of Divine Service , and for the confirmation of the booke of Ordination , 5. & 6. Ed. 6. c. 1. An Act declaring which daies only shall be kept for holy-dayes , and which for fasting dayes , c. 3. An Act against striking or drawing weapon either in the Church , or Church-yard ▪ c. 4. and finally another Act for the legitimating of the marriages of Priests and Ministers , c. 12. yet neither in this Parliament , nor in that which followed , is there so much as the least syllable which reflects this way , or medleth any thing at all with the booke of Articles . Where , by the way , if you behold the lawfullnesse of Priests Marriages as a matter Doctrinall , or thinke we owe that Point of Doctrine , and the indulgence granted to the Clergy in it , to the care and goodnesse of the Parliament , you may please to know , that the point had beene before determined in the Convocation , and stands determined by and for the Clergy in the 31. of those Articles , and that the Parliament looked not on it as a point of Doctrine , but as it was a matter practicall , conducing to the benefit and improvement of the Common-wealth . Or if it did , yet was the Statute built on no other ground-worke , than the resolution of the Clergy , the Marriage of Priests being before determined to be most lawfull ( I use the very words of the Act it selfe ) and according to the word of God , by the learned Clergy of this Realm in their Convocations , as well by the common assent , as by subscription of their hands . 5.6 ▪ Ed ▪ 6. c. 12. And , for the time of Q. Elizabeth , it is most manifest that they had no other body of Doctrine in the first part of her Reigne , then only the said Articles of K. Edward's booke , and that which was delivered in the booke of Homilies of the said kings time ; in which the Parliament had as little to doe , as you have seene they had in the booke of Articles . But in the Convocation of the yeare 1562. being the fifth of the Queenes Reigne , the Bishops and Clergy taking into consideration the said booke of Articles , and altering what they thought most fitting , to make it more conducible to the use of the Church , and the edification of the people , presented it unto the Queene , who caused it to be published with this name and Title , viz. Articles whereupon it was agreed by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London An. 1562. for the avoiding of diversitie of opinions , and for establishing of consent touching true Religion , put forth by the Queenes authority . Of any thing done or pretended to be done by the power of Parliament , either in the way of approbation , or of confirmation , not one word occurres either in any of the printed bookes , or their publique Registers . At last indeed in the thirteenth of the said Queenes Reigne ( which was eight yeares full after the passing of those Articles ) comes out a Statute for the redressing of disorders in the Ministers of holy Church ; In which it was enacted . That all such as were ordeined Priests or Ministers of God's Word and Sacraments , after any other forme than that appointed to be used in the Church of England ; all such as were to be ordeined , or permitted to preach , or to be instituted into any Benefice with cure of Soules , should publiquely subscribe to the said Articles , and testifie their assent unto them : which shewes ( if you observe it well ) that though the Parliament did well allow of and approve the said booke of Articles , yet the said booke owes neither confirmation nor authority to the Act of Parliament . So that the wonder is the greater , that that most insolent scoffe which is put upon us by the Church of Rome , in calling our Religion by the name Parliamentaria Religio , should passe so long without controle , unlesse perhaps it was in reference to our Formes of worship , of which I am to speake in the next place . But first we must make answere unto some objections which are made against us , both from Law and practise . For Practise , first it is alleaged by some out of Bishop Iewell , in his answere to the cavill of Dr. Harding , to be no strange matter to see Ecclesiasticall causes debated in Parliament ; and that it is apparent by the Lawes of K. Inas , K. Alfred , K. Edward , &c. That our godly forefathers the Princes and Peeres of this Realme , never vouchsafed to treate of matters touching the common State , before all controversies of Religion , and Causes Ecclesiasticall had beene concluded . Def. of the Apol. pt. 6. c. 2. § . 1. But the answere unto this is easy . For first , if our Religion may be called Parliamentarian , because it hath received confirmation and debate in Parliament , then the Religion of our Forefathers , even Papistry it selfe ( concerning which so many Acts of Parliament were made in K. Henry 8. and Q. Maries time ) must be called Parliamentarian also . And Secondly , it is most certaine , that in the Parliaments or Common Councels ( call them which you will ) both of King Inas time , and the rest of the Saxon Kings which Bishop Iewell speakes of , not only Bishops , Abbats , and the higher part of the Clergy , but the whole body of the Clergy generally had their votes and suffrages , eyther in person or by Proxy . Concerning which , take this for the leading Case , That in the Parliament or Common Councell in K. Ethelbert's time , who first of all the Saxon Kings received the Gospell , the Clergy were convened in as full a manner , as the Lay subjects of that Prince ▪ Convocato cōmuni Concilio tam Cleri , quàm Populi , saith Sr. H. Spelman in his Collection of the Councels . An. 605. p. 118. And for the Parliament of King Ina which leades the way in Bishop Iewell , it was ( saith the same Sr. H. Spelman p. 630. Commune Concilium Episcoporum , Procerum , Comitum , necnon omnium Sapientum , Seniorum , populorumque totius Regni ; where doubtlesse Sapientes and Seniores ( and you know what Seniores signifieth in the Ecclesiasticall notion ) must be some body else then those which after are expressed by the name of Populi , which shewes the falshood and absurdity of the collection made by Master Prynne , that in the epistle to his booke against Doctor Cousins , viz. That the Parliament ( as it is now constituted ) hath an ancient , genuine , just and lawfull Prerogative , to establish true Religion in our Church , and to abolish and suppresse all false , new , and counterfeit doctrines whatsoever : unlesse he meanes , upon the post-fact , after the Church hath done her part , in determining wh●t was true , what false ; what new , what ancient ; and finally what Doctrines might be counted counterfeit , and what sincere . And as for Law , 't is true indeed , that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath pawer to determine and judge of Heresie ; which at first sight seemes somewhat strange , but on the second view , you will easily finde that this relates only to new and emergent Heresies , not formerly declared for such in any of the first foure Generall Councells , nor in any other Generall Councell adjudging by expresse words of holy Scripture ; as also that in such new Heresies , the following words restraine this power to the Assent of the Clergy in their Convocation , as being best able to instruct the Parliament what they are to doe , and where they are to make use of the secular sword for cutting off a desperat Heretick from the Church of CHRIST , or rather from the body of all Christian people . 4. Of the Formes of Worship . THIS rub removed , we now proceed unto a view of such formes of Worship as have beene setled in this Church , since the first dawning of the day of Reformation ; in which our Parliaments have indeed done somewhat , though it be not much . The first point which was altered in the publique Liturgies , was that the Creed , the Pater-noster , and the ten Commandements , were ordered to be said in the English tongue , to the intent the people might be perfect in them , and learn them without book , as our phrase is . The next ; the setting forth and using of the English Letanie , on such daies and times , in which it was accustomably to be read as a part of the Service . But neither of these two was done by Parliament , nay ( to say truth ) the Parliament did nothing in them . All which was done in eyther of them , was only by the Kings authority , by virtue of the Head ship or Supremacy which was vested in him , eyther cooperating and concurring with his Convocation , or else directed and assisted by such learned Prelates , with whom he did advise in matters which concern'd the Church , and did relate to Reformation . By virtue of which Head-ship or Supremacy he ordained the first , and to that end caused certain Articles or Injunctions to be published by the Lord Cromwell , then his Vicar-Generall . An. 1536. And by the same did he give order for the second , I meane , for the saying of the Letany in the English tongue , by his own royall Proclamation . An. 1545. for which , consult the Acts & Mon. fol. 1248. 1312. But these were only preparations to a greater worke which was reserved unto the times of King Ed. 6. In the beginning of whose Reigne there passed a Statute for the administring the Sacrament in both kindes to any person that should devoutly and humbly desire the same . 1 Ed. 6. cap. 1. In which it is to be observed , that though the Statute doe declare , that the ministring of the same in both kinds to the people was more agreeable to the first Institution of the said Sacrament , and to the common usage of the primitive times . Yet Mr. Fox assures us ( and we may take his word ) that they did build that Declaration , and consequently the Act which was raised upon it , upon the Iudgement and opinion of the best learned men , whose resolution and advise they followed in it . fol. 1489. And for the Forme by which the said most Blessed Sacrament was to be so delivered to the Common people , it was commended to the care of the most grave and learned Bishops , and others , assembled by the King at his Castle of Windsor ; who upon long , wise , learned and deliberate advice did finally agree ( saith Fox ) upon one Godly and uniform Order for receiving the same , according to the right rule of Scriptures , and the first use of the primitive Church . fol. 1491. which Order , as it was set forth in print . An. 1548. with a Proclamation in the name of the King , to give authority thereunto amongst the people , so was it recommended by especiall Letters writ unto every Bishop severally from the Lords of the Counsell , to see the same put in execution ; A copy of which Letters you may find in Fox . fol. 1491. as afore is said . Hitherto nothing done by Parliament in the Formes of Worship , but in the following yeare there was . For the Protector and the rest of the Kings Counsell being fully bent for a Reformation , thought it expedient that one uniform , quiet and godly Order should be had throughout the Realm , for Officiating God's Divine Service . And to that end ( I use the very words of the Act it selfe ) appointed the Archbishop of Canterbury , and certain of the most learned and discreet Bishops , and other learned men of the Realm to meet together , requiring them , that having as well eye and respect to the most pure and sincere christian Religion taught in Scriptures , as to the usages in the primitive Church , they should draw and make one convenient and meet Order , Rite and Fashion of Common Prayer , and Administration of Sacraments to be had and used in this his Majesties Realm of England . Well , what did they being thus assembled ? that the Statute tells us : where it is said , that by the ayd of the holy Ghost ( I pray you marke this well ) and with one uniform agreement they did conclude upon and set forth an Order , which they delivered to the Kings Highnesse , in a book entituled , The Booke of Common-Prayer and Administration of the Sacraments , and other Rites and Ceremonies of the Church , after the use of the Church of England . All this was done before the Parliament did any thing . But what was done by them at last ? Why first , considering the most godly travaile of the Kings Highnesse , and the Lord Protector and others of his Highnesse Counsell , in gathering together the said Bishops and learned men . Secondly , the godly prayers , Orders , Rites and Ceremonies in the said book mentioned . Thirdly , the motives and inducements which inclined the aforesaid learned men to alter those things which were altered , and to reteine those which were reteined ; and finally , taking into consideration the honour of God , and the great quietnesse which by the grace of God would ensue upon it ; they gave his Majesty most hearty and lowely thanks for the same , and most humbly prayed him that it might be ordeined by his Majesty , with the assent of the Lords and Commons assembled in Parliament , and by authority of the same , that the said Form of Common-prayer and none other , after the Feast of Pentecost next following , should be used in all this Majesties Dominions with severall penalties to such , as either should deprave or neglect the same . 2. & 3. Ed. 6. cap. 1. So far the very words of the Act it selfe . By which it evidently appeareth that the two Houses of Parliament did nothing in the present businesse , but impose that Form upon the people , which by the learned and religious Clergie men ( whom the King appointed thereunto ) was agreed upon , and made it penall unto such as eyther should deprave the same , or neglect to use it . And thus doth Poulton ( no meane Lawyer ) understand the Statute , who therfore gives no other Title to it in his Abridgement published in the yeare 1612 ▪ than this The Penalty for not using uniformity of Service , and Ministration of the Sacraments . So then , the making of one uniform Order of celebrating Divine Service , was the worke of the Clergy , the making of the Penalties , was the worke of the Parliament . And so much for the first Liturgy of King Edwards Reigne ; in which you see how little was done by the authority or power of Parliament , so little , that if it had beene lesse , it had been just nothing . But some exceptions being taken against the Liturgy by some of the preciser sort at home , and by Calvin abroad , the book was brought under a review : and though it had been framed at first ( if the Parliament which said so erred not ) by the ayd of the holy Ghost himself , yet to comply with the curiositie of the Ministers , and mistakes of the People , rather then for any other weighty cause , As the Statute 5. & 6. Ed. 6. cap. 1. it was thought expedient by the King , with the Assent of the Lords and Commons in Parliament assembled , that the said Order of Common-Service should be faithfully and godly perused , explained and made fully perfect . Perused and Explained ; by whom ? Why , questionlesse by those who made it ; or else , by those ( if they were not the same men ) who were appointed by the King to draw up , and compose a Form of Ordination for the use of the Church . And this Assent of theirs ( for it was no more ) was the only part that was ever acted by the Parliament , in matter of this present nature , save that a Statute passed in the former Parliament , 3. & 4. Ed. 6. c. 12. unto this effect , that such Form and manner of making and consecrating Archbishops , Bishops , Priests , Deacons and other Ministers of the Church ( which before I spake of ) as by six Prelates , and six other men of this Realm , learned in Gods Lawes , by the King to be appointed and assigned , shall be devised for that purpose , and set forth under the Great Seale , shall be lawfully used and exercised , and none other . Where note , that the King only was to nominate and appoint the men , the Bishops and other learned men were to make the book , & that the Parliament in a blinde obedience , or at the least upon a charitable confidence in the integrity of the men so nominated , did confirm that book , before any of their Members had ever seene it , though afterwards indeed , in the following Parliament , this book , together with the book of Common-prayer , so printed and explained , retained a more formall confirmation , as to the use thereof throughout the kingdome , but in no other respect , for which see the Statute 5. & 6. Ed. 6. c. 1. [ As for the time of Q. Elizabeth , when the Common prayer book now in use ( being the same almost with the last of King Edward ) was to be brought again into the Church , from whence it was cast out in Q. Maries Reigne ; it was committed to the care of some learned men , that is to say , to Master Whitehead ( once Chaplain to Q. Anne Bullen ) Doctor Parker , after Archbishop of Canterbury , D. Grindall after Bishop of London , D. Coxe after Bishop of Ely , D. Pilkinton after Bishop of Durham , D. May Deane of S. Paules , D. Bill Provost of Eaton , after Deane of Westminster , and Sr. Tho. Smith . By whom being alter'd in some few passages which the Statute points to 1 Eliz. cap. 21. It was presented to the Parliament , and by the Parliament received and established without more adoe , or troubling any Committee of both or either Houses to consider of it , for ought appeares in their Records . All that the Parliament did in it ; being to put it into the condition in which it stood before in King Ed. Reigne , partly by repealing the Repeale of King Ed. Statutes , made in the 1 of Q. Mary cap. 2. and partly by the adding of some farther penalties on such as did deprave the book , or neglect to use it , or wilfully did absent themselves from their parish-Churches . And for the Alterations made therein in King Iames his time , being small and in the Rubrick only , and for the additions of the Thanksgivings at the end of the Letany , the Prayer for the Queen and the royall Issue , and the doctrine of the Sacraments at the end of the Catechisme , which were not in the book before ; they were never referred unto the Parliament , but were done only by authority of the Kings Commission , and stand in force by virtue only of his Proclamation , which you may find before the book , the charge of buying the said book so explained and altered , being layd upon the severall and respective parishes , by no other authority than that of of the eightieth Canon , made in Convocation . An. 1603. The like may also be affirmed of the Formes of Prayer for the Inauguration day of our Kings and Queenes , the Prayer-books for the fifth of November , and the fifth of August , and those which have beene used in all publique Fasts : All which , without the help of Parliaments , have been composed by the Bishops , and imposed by the King . Now unto this discourse of the Formes of Worship , I shall subjoyn a word or two of the times of Worship , that is to say , the holy daies observed in the Church of England ; and so observed , that they doe owe that observation cheifely to the Churches power . For whereas it was found in the former times that the number of the holy daies was grown so great , that they became a burden to the common people , and a great hindrance to the thrift and manufactures of the kingdome ; there was a Canon made in the Convocation . An. 1536 , for cutting off of many superstitious and superfluous holy daies , and the reducing them unto the number in which now they stand ( save that St. Georges day , and Mary Magdalens day , and all the Festivals of the blessed Virgin had their place amongst them ) according to which Canon , there went out a Monitory from the Archibishop of Canterbury to all the Suffragans of his Province , respectively to see the same observed in their severall Diocesses , which is still extant on Record . But being the authority of the Church was then in the wane , it was thought necessary to confirm their Acts , and see execution done upon it by the Kings Injunction : which did accordingly come forth with this Form or preamble , That the abolishing of the said holy daies was Decreed , ordained and established by the kings Highnesse Authority , as supreme Head in Earth of the Church of England , with the common consent and assent of the Prelates and Clergy of this his Realm , in Convocation lawfully assembled and Congregate , Of which see Fox his Acts and Monuments fol. 1246.1247 . Afterwards in the yeare 1541. The King perceiving with what difficulty the People were induced to leave off those holy daies , to which they had been so long accustomed , published his Proclamation of the twenty third of Iuly , for the abolishing of such holy daies ( amongst other things ) as were prohibited before by his Injunctions : both built upon the same foundation , namely , the resolution of the Clergy in their Convocation . And so it stood untill the Reigne of King E. 6. at what time the Reformation of the publique Liturgy drew after it by consequence an alteration in the present businesse , no daies being to be kept or accounted holy , but those for which the Church had set apart a peculiar office , and not all those neither . For , whereas there are severall and peculiar offices for the day of the Conversion of Saint Paul , and the day of St. Barnabas the Apostles ; neither of these are kept as holy daies , nor reckoned or esteemed as such in the Act of Parliament , wherein the names and number of the holy daies is precisely specified , which makes some think the Act of Parliament to have had an over-ruling power on the Common-prayer Book ; but it is not so , there being a specification of the holy daies in the book it selfe , with this direction , These to be observed for holy daies and none other ; in which the Feasts of the Conversion of St. Paul , and the Apostle Barnabas are omitted plainly , and upon which specification the Stat. 5. & 6. Ed. 6. cap. 3. which concerns the holy daies seemes most exprestly to be built . And for the Offices on those daies in the Common-prayer Book , you may please to know that every holy-day consisteth of two speciall parts , that is to say , Rest , or cessation from bodily labour , and celebration of Diuine or Religious duties ; and that the dayes before remembred are so far kept holy , as to have still their proper and peculiar Offices , which is observed in all the Cathedralls of this kingdome , and the Chappels Royall , where the service is read every day ; and in most Parish churches also as oft as eyther of them fals upon a Sunday , though the people be not on those daies enjoyned to rest from bodily labour , no more then on the Coronation day , or the fifth of November , which yet are reckoned by the people for a kind of holy daies . Put all which hath been said together , and the summe is this , That the proceedings of this Church in the Reformation were not meerly Regall , ( as it is objected by some Puritans ) much lesse that they were Parliamentarian in so great a work , as the Papists falsely charge upon us , the Parliaments for the most part doing little in it , but that they were directed in a justifiable way , the worke being done Synodically , by the Clergie only , according to the usage of the Primitive times , the King concurring with them , and corroborating what they had resolved on , eyther by his own single Act in his Letters Patent , Proclamations and Injunctions , or by some publique Act of State , as in times , and by Acts of Parliament , 5. Of the power of making Canons for the well ordering of the Clergy , and the directing of the People in the publique duties of Religion . WE are now come to the last part of this Designe , unto the Power of making Canons , in which the Parliament of England have had lesse to doe than in eyther of the other which are gone before . Concerning which I must desire you to remember , that the Clergy , who had power before to make such Canons and Constitutions in their Convocations as to them seemed meet , promised the King in verbo Sacerdotii , not to Enact or Execute any new Canons , but by his Majesties royall Assent , and by his Authority first obteined in that behalfe : Which is thus briefly touched upon in the Antiq. Britan. in the life of William Warham Archbishop of Canterbury . Clerus in verbo Sacerdotii fidem Regi dedit , ne ullas deinceps in Synodo ferrent Ecclesiasticas leges , nisi & Synodus authoritate Regiâ congregata , & Constitutiones in Synodis publicatae eadem authoritate ratae essent . Upon which ground I doubt not but I might securely raise this proposition , That whatsoever the Clergy did , or might doe lawfully before the Act of Submission , in their Convocation , of their owne power , without the Kings authority and consent concurring , the same they can , and may doe still , since the said Act of their Submission ; the Kings authority and consent cooperating with them in their Counsailes , and giving confirmation to their Constitutions . Further , it doth appeare by the aforesaid Act. 25. H. 8. c. 19. That all such Canons , Constitutions , Ordinances , and Synodalls Provinciall , as were made before the said Submission , which be not contrariant nor repugnant to the Lawes , Statutes , and Customes of this Realm , nor to the Damage or hurt of the Kings prerogative Royall , were to be used and executed as in former times . And by the Statute 26. H. 8. c. 1. Of the Kings Supremacy , that ( according to the Recognition made in Convocation ) our said Soveraigne Lord , his Heires and Successors Kings of this Realm , shall have full power and authority from time to time , to visit , represse , reform , order , correct , &c. all such errors , heresies , abuses , offences , contempts , and enormities whatsoever they be , &c. as may be most to the pleasure of Almighty God , the increase of virtue in Christs Religion , and for the peace , unity and tranquillity of this Realm , and the confirmation of the same . So that you see these severall waies of ordering matters for the publique weale and governance of the Church ; First , by such ancient Canons and Constitutions , as being made in former times , are still in force . Secondly , By such new Canons as are , or shall be made in Convocation , with and by the Kings Consent . And thirdly , by the sole authority of the Soveraigne Prince , according to the Precedents laid down in the book of God , and the best ages of the Church . Concerning which you must remember what was said before , viz. that the Statutes which concern the Kings Supremacy , are Declaratory of an old Power only , not introductory of a new ; which said , we shall the better see whether the Parliament have had any thing to doe either in making Canons , or prescribing Orders for the regulating of Spirituall and Ecclesiasticall matters , and unto whom the same doth of right belong according to the Lawes of the Realm of England . And first , King Henry being restored to his Head-ship or Supremacy ( call it which you will ) did not conceive himself so absolute in it ( though at first much enamor'd of it ) as not some times to take his Convocation with him , but at all times to be advised by his Prelates , when he had any thing to doe that concerned the Church ; for which there had been no provision made by the Ancient Canons , grounding most times , his Edicts and Injunctions Royall , upon their advise and resolution . For on this ground , I mean the judgement and conclusions of his Convocation , did he set out the Injunctions of the yeare 1536. for the abolishing of superstitious and superfluous holy daies , the exterminating of the Popes authority , the publishing of the book of Articles , which before we spake of num , 8. by all Parsons , Vicars and Curats ; for preaching down the use of Images , Reliques , Pilgrimages and superstitious Miracles ; for rehearsing openly in the Church , in the English tongue , the Creed , the Pater-noster , and the ten Commandements ; for the due and reverent ministring of the Sacraments and Sacramentals , for providing English Bibles to be set up in every Church for the use of the people ; for the regular and sober life of Clergy men , and the releefe of the poore . And on the other side the King proceeded some times only by the advice of his Prelates , as in the Injunctions of the yeare 1538. for quarterly Sermons in each Parish ; for admitting none to preach but men sufficiently Licensed : for keeping a Register book of Christnings , Weddings and Burialls ; for the due paying of Tythes , as had been accustomed : for the abolishing of the commemoration of St. Tho. Becket : for singing Parce nobis Domine , instead of Ora pro nobis , and the like to these . And of this sort were the Injunctions which came out in some yeares succeeding , for the taking away of Images and Reliques , with all the Ornaments of the same : and all the Monuments and writings of fained Miracles , and for restraint of offering or setting up lights in any Church , but only to the Blessed Sacrament of the Altar , in which he was directed chiefly by Archbishop Cranmer : as also those for eating of white-meates in the time of Lent , the abolishing the fast on St. Marks day , and the ridiculous ( but superstitious ) sports , accustomably used on the dayes of Saint Clement , St. Catherine and St. Nicholas . All which and more was done in the said Kings Reigne without help of Parliament . For which I shall refer you to the Acts & Mon. fol. 1385. 1425. 1441. The like may also be affirmed of the Injunctions published in the name of K. Ed. 6. An. 1547. and printed also then for the use of the Subjects : and of the severall Letters missive which went forth in his name , prohibiting the bearing of Candles on Candlemas day : of Ashes in Lent , and of Palmes on Palm-Sunday : for the taking down of all the Images throughout the kingdom : for administring the Communion in both kinds , dated March 13. 1548. for abrogating of private Masses Iun. 24. 1549. for bringing in all Missals , Graduals , Processionals , Legends and Ordinals , about the latter end of December of the same yeare : for taking down of Altars and setting up Tables instead thereof An. 1550. and the like to these : All which particulars you have in Foxes book of Acts & Mon. in King Edwards life , which whether they were done of the Kings meer motion , or by advice of his Counsell , or by consultation with his Bishops ( for there is little left upon Record of the Convocations of that time , more than the Articles of the yeare 1552 ) certain I am that there was nothing done , nor yet pretended to be done in all these particulars , by the authority of Parliament . Thus also in Q. Elizabeths time , before the new Bishops were well setled , and the Queen assured of the affections of her Clergy she went that way to work in the Reformation , which not only her two Predecessors , but all the godly Kings and Princes in the Iewish State , and many of the Christian Emperours in the Primitive times had done before her , in the well ordering of the Church and People committed to their care and government by Almighty God . And to that end she published her Injunctions An. 1559. A book of Orders An. 1561. Another of Advertisements An. 1562. all tending unto Reformation , unto the building up of the new Ierusalem , with the advise no doubt of some godly Prelates , as were then about her . But past all doubt , without the least concurrence of her Court of Parliament . But when the times were better setled , and the first difficulties of her Reigne passed over , she left Church-work to the disposing of Church-men , who by their place and calling were most proper for it . And they being met in Convocation , and thereto authorized as the Lawe required , did make and publish severall books of Canons , as viz. 1571. An. 1584. An. 1597. Which being confirmed by the Queene under the broad Seale of England , were in force of Lawes to all intents and purposes , which they were first made ; but being confirmed without those formall words , Her Heires and Successors , are not binding now , but expired together with the Queene . No Act of Parliament required to confirm them then , nor never required ever since on the like occasion . A fuller evidence whereof we cannot have , then in the Canons of the yeare 1603. being the first yeare of King Iames , made by the Clergy only in the Convocation , and confirmed only by the King . For , though the old Canons were in force , which had been made before the Submission of the Clergy as before I shewed you , which served in all these wavering and unsetled times for the perpetuall standing rule of the Churches Government ; yet many new emergent Cases did require new Rules , and whilest there is a possibility of mali mores , there will be a necessity of bonae Leges . Now in the Confirmation of these Canons we shall find it thus , That the Clergy being met in their Convocation according to the Tenour and effect of his Majesties Writ , his Majesty was pleased by virtue of his Prerogative Royall and Supreme authority in Causes Ecclesiasticall , to give and grant unto them by his Letters Patents dated Apr. 12. & Iun. 25. full , free , and lawfull liberty , licence , power , and authority , to confer , treate , debate , consider , consult , and agree upon such Canons , Orders , Ordinances , and Constitutions , as they should think necessary , fit , and convenient , for the honour and service of Almighty God , the good and quiet of the Church , and the better Government thereof from time to time , &c. to be kept by all persons within this Realm , as far as lawfully , being members of the Church , it may concern them : which being agreed on by the Clergy , and by them presented to the King , humbly requiring him to give his Royall assent unto them , according to the Statute made in the 25. of K. H. 8. and by his Majesties Prerogative and Supreme authority in Ecclesiasticall Causes , to ratifie and confirm the same : his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents , for Himselfe , his Heires and lawfull Successours ; straitly commanding and requiring all his loving Subjects , diligently to observe , execute and keep the same in all points , wherein they doe or may concern all or any of them . No running to the Parliament to confirm these Canons , nor any question made till this present , by temperate and knowing men , that there wanted any Act for their confirmation , which the Lawe could give them . But against this , and all which hath been said before , it will be objected , That being the Bishops of the Church are fully and wholly Parliamentarian , and have no more authority and jurisdiction , nisi a Parliamentis derivatam , but that which is conferred upon them by the power of Parliaments , as both Sanders and Schultingius doe expresly say ; whatsoever they shall doe or conclude upon , either in Convocation , or in private Conferences , may be called Parliamentarian also . And this last calumny they build on the severall Statutes 24. H. 8. c. 12. touching the manner of electing and Consecrating Archbishops and Bishops . that of the 1. Ed. 6. c. 2. appointing how they shall be chosen , and what Seales they shall use . those of the 3 & 4 Ed. 6. c. 12. and 5 & 6 Ed. 6. for authorising of the book of Ordination . But chiefly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in consecrating any Archbishop or Bishop within this Realm . To give a generall answer to each severall cavill , you may please to know ; that the Bishops , as they now stand in the Church of England derive their Calling together with their Authority and Power in Spirituall matters , from no other hands , than those of Christ and his Apostles , their Temporall honors and possessions , from the bounty and affection only of our Kings and Princes ; their Ecclesiasticall Jurisdiction in Causes Matrimoniall , Testamentary and the like , for which no Action lieth at the Common-Lawe , from continuall usage and prescription ; and owe no more unto the Parliament than all sort of Subjects doe besides , whose fortunes and Estates have been occasionally and collaterally confirmed in Parliament . And as for the particular Statutes which are touched upon , that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated , without recourse to Rome for a confirmation , which formerly had put the Prelates to great charge and trouble : but for the Form and manner of their Consecration , the Statute leaves it to those Rites and Ceremonies wherewith before it was performed ; And therefore Sanders doth not stick to affirm , that all the Bishops which were made in King Henries dayes were Lawfully and Canonically ordained and Consecrated , the Bishops of that time , not only being taken and acknowledged in Queen Maries dayes , for lawfull and Canonicall Bishops , but called on to assist at the Consecration of such other Bishops ( Cardinall Poole himselfe for one ) as were promoted in her Reigne , whereof see Mason's book de Minist. Ang. l. 3. c.. Next for the Statute 1 Ed. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonicall Consecrations , it was repealed in Terminis in the first of Q. Maries Reigne , and never stood in force nor practice to this day . That of the authorizing of the book of Ordination in two severall Parliaments of that King , the one a parte antè , and the other a parte pòst , as before I told you , might indeed seem somewhat to the purpose , if any thing were wanting in it which had been used in the formula's of the Primitive times ; or if the book had been composed in Parliament , or by Parliament men , or otherwise received more Authority from them , then that it might be lawfully used and exercised throughout the Kingdom . But it is plain that none of these things were objected in Queen Maries dayes , when the Papists stood most upon their points , the Ordinall not being called in , because it had too much of the Parliament , but because it had too little of the Pope , and relished too strongly of the Primitive Piety . And for the Statute of the 8 of Q. Elizabeth , which is cheifly stood on , all that was done therein was no more than this , and on this occasion . A question had been made by captious and unquiet men , and amongst the rest by Dr. Bonner , sometimes Bishop of London , whether the Bishops of those times were lawfully ordained , or not ; the reason of the doubt being this ( which I mervaile Mason did not see ) because the Book of Ordination which was annulled and abrogated in the first of Q. Mary , had not been yet restored , and revived by any legall Act of Q. Elizabeths time : which Cause being brought before the Parliament in the 8. yeare of her Reigne , the Parliament took notice first , that their not restoring of that book to the former Power in Termes significant and expresse , was but Casus omissus ; and then declare that by the Statute 5 & 6 Ed. 6. It had been added to the Book of Common Prayer , and Administration of the Sacraments , as a member of it , at least as an Appendant to it , and therefore by the Statute 1 Eliz. c. 2. was restored againe together with the said book of Common Prayer , intentionally at the least , if not in Terminis . But being the words in the said Statute were not cleare enough to remove all doubts , they therefore did revive it now , and did accordingly enact , that whatsoever had been done by virtue of that Ordination , should be good in Lawe . This is the Totall of the Statute , and this shewes rather in my judgement , that the Bishops of the Queenes first times had too little of the Parliament in them , then that they were conceived to have had too much . And so I come to your last objection which concernes the Parliament , whose entertayning all occasions to manifest their power in Ecclesiasticall matters , doth seem to you to make that groundles slander of the Papists the more faire and plausible . 'T is true indeed , that many Members of both Houses in these latter times , have been very ready to imbrace all businesses which are offered to them , cut of a probable hope of drawing the managery of all Affaires as well Ecclesiasticall as Civill into their own hands : and some there are who being they cannot hope to have their fancies authorised in a Regular way , doe put them upon such designes , as neither can consist with the nature of Parliaments , nor the esteem and reputation of the Church of Christ . And this hath been a practice even as old as Wicklef , who in the time of K. Rich. 2. addressed his Petition to the Parliament ( as we reade in Walsingham ) for the Reformation of the Clergy , the rooting out of many false and erroneous Tenents , and for establishing of his own Doctrines ( who though he had some Wheat , had more Tares by ods ) in the Church of England , & lest he might be thought to have gone a way , as dangerous and unjustifiable , as it was strange and new , he laid it down for a Position , that the Parliament or Temporall Lords ( where by the way , this ascribes no authority or power at all to the House of Commons ) might lawfully examine and Reform the Disorders and Corruptions of the Church , and on discovery of the errors and corruptions of it , devest her of all Titles and Temporall endowments , till she were reformed . But for all this , and ( more than this ) for all he was so strongly backed by the Duke of Lancaster , neither his Petition nor his Position found any welcome in the Parliament , further than that it made them cast many a longing eye on the Churches Patrimony , or produced any other effect towards the worke of Reformation , which he chiefly aymed at , then that it hath since served for a Precedent to Penry , Pryn , and such like turbulent Innovators to disturbe the Church , and set on foot those dreames and dotages , which otherwise they durst not publish . And to say truth , as long as the Clergy were in power , and had authority in Convocation to doe what they would in matters which concern'd Religion , those of the Parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the Clergy , for feare of being questioned for it at the Churches barre . But when that power was lessen'd , if it were not lost , by the Submission of the Clergy to K. H. 8. and the Act of the Supremacy which ensued upon it ; then did the Parliaments begin to intrench upon the Church's Rights , to offer at and enterteine such businesses , as formerly were held peculiar to the Clergy only ; next , to dispute their Charters , and reverse their Priviledges , and finally to impose some hard Lawes upon them : Of which Matt. Parker thus complaines in the life of Cranmer , Qua Ecclesiasticarum legum potestate abdicata , populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire , tum absentis Cleri privilegia sensim detrahere , juraque duriora quibus Clerus invitus teneretur , constituere . But these were only tentamenta , offers and undertakings only , and no more than so . Neither the Parliaments of K. Edward , or Q. Elizabeths times knew what it was to make Committees for Religion , or thought it fit that Vzzah should support the Arke , though he saw it tottering . That was a worke belonging to the Levites only , none of the other Tribes were to meddle with it . But as the Puritan faction grew more strong and active , so they applied themselves more openly to the Houses of Parliament , but specially to the House of Commons , putting all power into their hands as well in Ecclesiasticall and Spirituall Causes , as in matters Temporall . This , amongst others , confidently affirmed by Mr. Prynne , in the Epistle to his book called Anti-Arminianisme , where he averres , that all our Bishops , our Ministers , our Sacraments , our Consecration , our Articles of Religion , our Homilies , Common-Prayer-book , yea and all the Religion of our Church , is no other way publiquely received , supported , or established amongst us , but by Acts of Parliament . And this not only since the time of the Reformation , but that Religion , and Church affaires were determined , ratified , declared and ordered by Act of Parliament , and no wayes else , even then when Popery and Church-men had the greatest sway . Which strange assertion falling from the Pen of so great a Scribe , was forthwith cheerfully received amongst our Pharisees , who hoped to have the highest places , not only in the Synagogue , but the Court of Sanhedrim , advancing the authority of Parliaments to so high a pitch , that by degrees they fastned on them , both an infallibility of judgement , and an omnipotency of Power . Nor can it be denied ( to deale truly with you ) but that they met with many apt Schollers in that house , who eyther out of a desire to bring all the grist to their own Mill , or willing to enlarge the great power of Parliaments by making new Precedents for Posteritie , or out of faction , or affection , or what else you please , began to put their Rules in practise , and draw all matters whatsoever within the cognizance of that Court ; In wch their embracements were at last so generall , and that humour in the House so prevalent , that one being once demanded what they did amongst them , returned this Answer , That they were making a new Creed : Another being heard to say , That he could not be quiet in his Conscience , till the holy Text should be confirmed by an Act of Theirs , which passages if they be not true and reall ( as I have them from an honest hand ) I assure you they are bitter jests . But this , although indeed it be the sicknesse and disease of the present times , and little to the honour of the Court of Parliament , can be no prejudice at all to the Cause of Religion , or to the way and meanes of the Reformation , amongst sober and discerning men : the Doctrine of the Church being setled , the Liturgie published and confirmed , the Canons authorized and executed , when no such humor was predominant , nor no such Power pretended to , by both or eyther of the Houses of the High Court of Parliament . Thus , Syr , according to my promise , and your expectation have I collected my Remembrances , and represented them unto you in as good a fashion as my other troublesome affaires , and the distractions of the time would give me leave ; and therein made you see , if my judgement faile not , that the Parliament hath done no more in matters wch concern'd Religion , and the Reformation of this Church , then what hath formerly been done by the secular Powers , in the best and happiest times of Christianity ; and consequently ▪ that the clamour of the Papists , which hath disturbed you , is both false and groundlesse . Which if it may be serviceable to your selfe , or others , whom the like doubts and prejudices have possessed or scrupled , it is all I wish : my studies and endeavors ayming at no other end , then to doe all the service I can possibly to the Church of God ; to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour JESUS CHRIST . by SIR Your most affectionate freind to serve you . E. Y. Covent-Garden Iun. 29. 1645.