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A77860 Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 3. rites and ceremonies, 4. church-government, and discipline, reputed to be (but indeed, not) established by law. Humbly offered to the serious consideration of this present Parliament. By divers ministers of sundry counties in England. Burges, Cornelius, 1589?-1665. 1660 (1660) Wing B5678; Thomason E764_4; ESTC R205206 61,780 69

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within two moneths after his Induction c. upon default hereof to be ipsofacto immediately deprived And if any Ecclesiastical Person shall advisedly maintain or affirm any Doctrine contrary or repugnant to any of the said Articles and being convented shall persist therein or not revoke his errour or after revocation return again to it he shall be deprived of his Ecclesiastical Promotions This is the effect of that Statute as to this Point But these Articles are both Doubtful and Defective 1. Doubtful 1. Because it appears not that they were all or any of them confirmed by Parliament in the 13 Eliz. for as much as they are not therein in expresly inserted nor so much as their number but onely the Title-Page of them mentioned Nor is it known where the Original is enrolled 2. Of those 39 Articles there were 36 of them set forth yet not ratified by Parliament in Edw. 6. his reign the other were added by the Convocation in An. 1562. 3. In the Books of Articles now printed and ever since 10 Caroli 1. there is a Declaration of that his late Majesty prefixed thereunto by the advice and procurement of the then Bishops after Arminianism began to perk and to be openly preached by the rising Party to this effect viz. 1. That those Articles contain the true Doctrine of the Church of England agreeable to Gods Word all therefore are required to continue in the Vniform Profession thereof and the least difference from them prohibited 2. That the Bishops and Clergy from time to time in Convocation upon their humble desire should have licence under the Broad * This shews who did pen it Seal to deliberate of and to do all such things as being made plain by them and assented unto by his then Majesty shall concern the setled continuance of the said Doctrine as well as Discipline then established from which no variying or deparing in the least degree should be endured 3. That all curious search and disputes touching any points contained therein be laid aside and shut up in Gods Promises as generally set forth and in the general meaning of these Articles And that no man shall either print or preach to draw any Article aside any way nor put his own sense or Comment upon it but shall take it in the Literal and Grammatical sense of it This Declaration is published with the said Articles by Command If this be still continued and confirmed then all these sad Consequences must needs follow 1. That no Minister shall have so much liberty to interpret any one of those Articles as is not onely allowed but required of him in his Ordination to expound the Word of God it self But this is a notorious truth that after that Declaration was printed and published as also a Proclamation to the same effect issued those of the Prelatical Party had their Spies every where to see who durst to preach a word against any Arminian Tenet or to explain any one Article as not making for but against any of those Opinions If any were found so to do he was sure to be Convented for breach of the Kings Declaration and Proclamation yea some have been brought into the High Commission-Court for this very cause While in the mean time that other Party took liberty to vent and preach up those points without controul Which no Anti-Arminians durst call into question for that the then Bishops of greatest power who might by that Declaration obtain licence to explain all things as they thought fit favoured those Advocates of Arminianism and must have been their Judges if they had been complained of 2. That where in Art 16. it is said Not every deadly sin willingly committed after Baptism is a sin against the Holy Ghost We may not dare to open the nature of deadly sin nor to say that all sins are deadly contrary to the Popish distinction of sins into mortal and venial Nor may we presume to explain the next part of that Article viz. After we have received the Holy Ghost we may depart from grace given c. which Clause Bishop Montacute and after him others allege to prove falling from grace and thereby pretend that this is the Doctrine of the Church of England which is contrary not onely to Art 17. but to 1 John 3.9 1 Pet. 1.5 3. That it being said Art 20. The Church hath power to decree Rites or Ceremonies and Authority in Controversies of Faith we may not enquire what is meant by the Church whether the Church Catholick or of England nor what the Church of England is what Rites or Ceremonies it may ordain or how far her Authority extendeth in Controversies of Faith And if she do happen to ordain ought contrary to Gods Word or expound one place of Scripture repugnant to another or to enforce any thing to be believed for necessity of salvation that is beside the Word no man may question it but we must if a Convocation once declare for it assent and subscribe unto it in the Literal and Grammatical sense of it or be deprived of all Ecclesiastical Promotions 4. That whereas the 34 Article treateth of the Traditions of the Church we must not curiously search what is here meant by Traditions and whether it be meant of the Traditions of the Church of Rome or of any other Church But we must rest in this General That whosoever through his private judgement willingly and purposely doth openly break the Traditions and Ceremonies of the Church which be not repugnant to the Word of God and be ordained by common Authority ought to be rebuked openly as offending against the common Order of the Church hurting the Authority of the Magistrate and wounding the weak Whereas this Church hath no where set forth what she meaneth by Traditions whether distinct from Ceremonies or the same with them how a Tradition may be said to be ordained and what is meant by common Authority Yea if power be given to the Bishops and Clergy in Convocation when and so often as they shall desire it to ordain any more Traditions which seems to be a strange Expression and new Ceremonies and the Royal Assent pass thereupon all Ministers must subscribe thereunto before they know what they be yea before they be ordained after which it will be too late to dispute them or to vary from them in the least degree upon any pretence whatsoever It will be too late then for any man to say They are repugnant to the Word of God 5. That all being by Art 35. to admit both Books of Homilies to contain a godly and wholesome Doctrine necessary for these times and therefore to be read in Churches by the Ministers diligently men must subscribe to false Doctrines or assertions Take instance in but one or two particulars for brevities sake Par. 2. Hom. 2. Of the place and time of Prayer pag. 147. Pluralities of wives was by special Prerogative suffered to the Fathers of the Old Testament not for
here which the same Doctor confesseth they did although the want of the Kings Assent made it not valid in Law For the Proviso doth not say the old Canons shall be used till the King Assent but onely till such time as they be viewed searched or otherwise ordered and determined by them or the more part of them Nor doth that Act in any Clause mention any other Canons or Constitutions but such as are Provincial or called by other names always presumed and mentioned to be made in Convocations in England not in the Popes Conclave And to the end it may yet further appear that he who so confidently taketh upon him to improve his knowledge to whom he wrote that Epistle hath mis-informed him and wrested the Laws also take notice that the Canon-Laws of England are onely such as are or have been made in England These are of two sorts legatine or Provincial The Legatine were 77 Canons and Constitutions whereof 26 were made by Otho the Popes Legate President of a Synod here in England the other 51. in another Synod after holden under Othobone Legate of the Pope in 32. Hen. 3. An. 1248. The Provincial Constitutions were such as in several places of England were made under the Archbishops of Canterbury in all 212. whereof the first 48. were made under Stephen Langhton in the reign of King John and the last three were made under Henry Chichley in the reign of Hen. 5. These Provincial Constitutions about the year 1422. were digested into a Body by William Lindwood who also wrote a Commentary upon them the other by Johannes de Aton Canon of Lincoln who likewise Commented upon them all which are yet extant Now we must understand the Act of 25. H. 8.19 speaks onely of Canons Constitutions Ordinances Provincial or other or by whatsoever name they be called in their CONVOCATION These and no other were to be reviewed and out of these such as by the thirty two persons chosen by Hen. 8. or Edw. 6. should be viewed ordered and determined to stand were onely to be in force as is evident to every impartial eye that shall consult the Statute And these having been in 4. Edw. 6. viewed and thereupon by Gualter Haddon under Archbishop Cranmer and four Classes into which the said thirty two persons were divided that Book called Reformatio Legum Ecclesiasticarum saith the Preface thereunto were compiled And these being so composed and published that all might object what they could if they had ought against them before Confirmation the King died before his Royal Assent was given and so they never were confirmed But yet the very viewing ordering and determining of those old Constitutions be they what they could were by the closing Proviso forementioned in 25. H. 8. all void and of none effect And albeit divers Canons or Constitutions were made in Q. Elizabeths reign beside those Injunctions and Articles for Visitations in her first year yet none of them being for ought we know confirmed by the Royal Assent under the Great Seal are now by any reputed Obligatory It be then onely the Constitutions and Canons Ecclesiastical treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the Kings Majesties licence in that Synod begun at London An. Dom. 1603. in the first year of King James his reign over England and after published by his said Majesties Authority under the Great Seal of England which can now be so much as pretended to be of any force And here we shall not dispute their validity after that Kings death ' they being not after re-established by King Charles the first but we shall onely speak to the Legality of them as they were once ratified and as they are any of them contrariant and repugnant to the Laws or Customes of the Land As for Customes which the Statute of 25. H. 8.19 referreth to as well as to the Laws we shall say little because this is more proper for Lawyers upon Prohibitions granted out of his Majesties Civil Courts to confider and debate We therefore consider of the Canons or such of them onely as are repugnant to any of the Laws in force This is a large Field Those Canons being no less than 141. in number which are more then heretofore were ever made in any three Synods by whomsoever held in England We shall therefore keep onely to such as we find most contrariant to those Laws which we are in duty bound chiefly to take notice of As for instance Of those twelve Canons under the first Head or Title viz. Of the Church of England there be eleven of them the breach of any of which is to be punished with Excommunication ipso facto not to be revoked till such as breake them after repent and publickly revoke their wicked errours The persons to be excommunicated are I. Impugners of the Kings Supremacy Can. 2. II. All that affirm the Church of England is not a true and Apostolical Church teaching and maintaining the Doctrine of the Apostles Can. 3. where it is not defined what the Church of England is III. Impugners of the publick Worship of God established Can. 4. which few know to be established IV. Impugners of the Articles of Religion agreed upon 1562. Can. 5. the establishment whereof is doubtful V. Impugners of the Rites and Ceremonies established Can. 6. of which there is no certainty VI. Impugners of the Government of the Church of England by Archbishops Bishops c. Can. 7. there being none such VII Impugners of the form of consecrating and ordering Archbishops Bishops c. or that any thing in it is repugnant to the Word of God Can. 8. there being in the form no such Words as ordering of Archbishops and Bishops and it having been made out that there be contradictions in it one of which is repugnant to the Word VIII Authors of Schism Can. 9. IX Maintainers of such as the Canons call Schismaticks that is who affirm such Ministers as refuse to subscribe to the Book of Common-prayer c. Can. 10. which is hard to prove X. Maintainers of Conventicles Can. 11. that is of such as maintain that there are in England other Meetings Assemblies or Congregations of the Kings born Subjects then such as by the Laws are allowed which may rightly claim the name of true and lawful Churches XI Maintainers of Constitutions made in Conventicles without the Kings Authority and submit to them Can. 12. So all the Rules confirmed by Parliament for Church-Government make the Parliament lyable to Excommunication and the Assemby too and all the Presbyterians in England Besides these there is Can. 59. for excommunicating Ministers refusing to Catechise every Sunday after a third offence herein complained of So Can. 68. decreeth Ministers refusing to Christen or Bury to be excommunicated Majori Excommunicatione And Canon 72. ordaineth that if a Minister without