in all cauâ—…es as well Ecclesiasticall as Civill Having taken consideration of the said Canons and Constitutions thus drawn as asoresaid do by these deputies ratifie confirme and approve thereof And farther we out of our Princely power and regall authority do by these Parents signed and sealed with our royall Signet for us our heirs and successors will with our royall hand and command that these Canons and Constitutions hereafter following shall from henceforth in all points be duly observed in our said Isle for the perpetuall government of the said Isle in causes Ecclesiasticall unlesse the same or some part or parts thereof upon further experience and tryall thereof by the mutuall consent of the Lord Bishop of Winton for the time being the Governour Bailiffs and Jurates of the said Isle and of the Dean and Ministers and other our Officers in the said Isle for the time being representing the body of our said Isle and by the royall authority of us our heirs and successors shall receive any additions or alterations as time and occasion shall justly require And therefore we do farther will and command the said Right reverend father in God Lancelot now Lord Bishop of Winton that he do forthwith by his Commission under his Episcopall seal as Ordinary of the place give authority unto the said now Dean to exercise Ecclesiasticall jurisdiction in our said Isle according to the said Canons and Constitutions thus made and established as followeth Canons and Constitutions Ecclesiasticall treated agreed on and established for the Isle of Jarsey CHAP. I. Of the Kings Supremacy and of the Church Article I. 1. AS our duty to the Kings most excellent Majesty requireth it is first ordained That the Dean and Ministers having care of souls shall to the utmost of their power knowledge and learning purely and sincerely without any backwardnesse or dissimulation teach publish and declare as often as they may and as occasion shall present it self that all strange usurped and forain power for as much as it hath no gound by the law of God is wholly as for just and good causes taken away and abolished and that therefore no manner of obedience or subjection within any of his Majesties Realms and Dominions is due unto any such forain power but that the Kings power within his Realms of England Scotland and Ireland and all other his Dominions and Countries is the highest power under God to whom all men as well inhabitants as born within the same do by Gods Law owe most loyalty and obedience afore and above all other power and Potentates in the earth II. 2. Whosoever shall affirme and maintain that the Kings Majesty hath not the same authority in causes Ecclesiasticall that the godly Princes had amongst the Jews and the Christian Emperours in the Church primitive or shall impeach in any manner the said Supremacy in the said causes III. IV. 3. Also whosoever shall affirme that the Church of England as it is established under the Kings Majesty is not a true and Apostolicall Church purely teaching the 〈◊〉 of the Prophets and Apostles 4. Or shall impugne the Government of the said Church by Archbishops Bishops and Deans affirming it to be Antichristian shall be 〈◊〉 facto Excommunicated and not restored but by the Dean sitting in his Court after his repentance and publick reâ—…antation of his errour CHAP. II. Of Divine Service Article I. 1. IT is in joyned unto all sorts of people that they submiâ—… themselves to the Divine service contained in the book of Cnmmon-prayers of the Church of England And for as much as concerns the Ministers that they observe with uniformity the said Liturgie without addition or alteration and that they suffer not any 〈◊〉 or 〈◊〉 to make a sect apart by themselves or to distract the Government Ecclesiasticall established in the Church II. 2. The Lords day shall be sanctified by the exercises of publick prayer and the hearing of Gods word Every one also shall be bounden to meet together at an hour convenient and to observe the order and decency in that case requisite being attentive to the reading or preaching of the Word kneeling on their knees during the Prayers and standing up at the Belief and shall also testifie their consent in saying Amen And further during any part of Divine service the Church-wardens shall not suffer any interruption or impeachment to be made by the insolence and practice of any person either in the Church or Church-yard III. 3. There shall be publick exercise in every Parish on Wednesdays and Fridays in the morning by reading the Common prayers IV. 4. When any urgent occasion shall require an extraordinary Fast the 〈◊〉 with the advice of his Ministers shall give notice of it to the Governour and Civill Magistrate to the end that by their authority and consent it may be generally observed for the appeasing of the wrath and indignation of the Lord by true and serious repentance CHAP. III. Of Baptism THe Sacrament of Baptism shall be administred in the Church with fair water according to the institution of Jesus Christ and without the limitation of any dayes No man shall delay the bringing of his child to Baptism longer then the next Sunday or publick Assembly if it may conveniently be done No person shall be admitted to be a Godfather unlesse he hath received the Lords Supper nor shall women alone viz. without the presence of a 〈◊〉 among them be admitted to be Godmothers CHAP. IV. Of the Lords Supper Article I. 1. THe Lords Supper shall be administred in every Church four times a year whereof one to be at Easter and the other at Christmas and every Minister in the administration of it shall receive the Sacrament himself and after give the Bread and wine to each of the Communicants using the words of the 〈◊〉 of it II. 2. The Masters and Mistresses of Families shall be admonished and enjoyned to cause their children and Servants to be instructed in the knowledge of their salvation and to this end shall take care to send them to the ordinary Catechizing CHAP. V. Of Marriage Article I. 1. NO man shall marry contrary to the degrees prohibited in the word of God according as they are expressed in a table made for that purpose in the Church of England on pain of nullity and censure II. 2. The Banes of the parties shall be asked three Sundays successively in the Churches of both parties and they of the Parish where the Marriage is not celebrated shall bring an attestation of the bidding of their Banes in their own Parish Neverthelesse in lawfull cases there may be a Licence or dispensation of the said Banes granted by the authority of the Dean and that upon good caution taken that the parties are at liberty III. 3. No separation shall be made a thoro mensa unlesse in case of Adultery cruelty and danger of life duly proved and this at the sole instance of the parties As for the maintenance of the
administration of Justice amongst his people at common times it is naked and plain but when the King is expected it is clothed with blew-purple Velvet semied with flowers de lys on each side of it are two formes or benches where the Peers of both habits both Ecclesiasticall and Secular use to fit and accompany the King But this is little to the ease or benefit of the Subject and as little availeable to try the integrity of the Judges his presence being alwayes foreknown and so accordingly they prepared Far better then is it in the Grande Signeur where the Divano or Councell of the Turkish affairs holden by the Bassas is hard by his bed-chamber which looketh into it the window which giveth him this entervenue is perpetually hidden with a curtain on the side of the partition which is towards the Divano so that the Bassas and other Judges cannot at any time assure themselves that the Emperor is not listning to their sentences an action in which nothing is Turkish or Mahometan The authority of this Court extendeth it self unto all causes within the jurisdiction of it not being meerly ecclesiasticall It is a law unto it self following no rule written in their sentences but judging according to equity and conscience In matters criminall of greater consequence the processe is here immediately examined without any preparation of it by the inferior Courts as at the arraignment of the Duke of Biron and divers times also in matters personall But their power is most eminent in disposing the affaires of State and of the Kingdome For such prerogatives have the French Kings given hereunto that they can neither denounce War nor conclude Peace without the consent a formall one at the least of this Chamber An alienation of the Lands of the Crown is not any whit valid unlesse confirmed by this Court neither are his Edicts in force till they are here verified nor his Letters Patents for the creating of a Peer till they are here allowed of Most of these I confesse are little more then matters of form the Kings power and pleasure being become boundlesse yet sufficient to shew the body of authority which they once had and the shadow of it which they still keep yet of late they have got into their disposing one priviledge belonging formerly to the Conventus ordinum or the Assembly of three Estates which is the conferring of the regency or protection of their King during his minority That the Assembly of the three Estates formerly had this priviledge is evident by their stories Thus we finde them to have made Queen Blanche Regent of the Râ—…alm during the nonage of her son St. Lewis 1227. That they declared Philip de Valois successor to the Crown in case that the widow of Charles le bâ—…l was not delivered of a son 1357. As also Philip of Burgogne during the Lunacy of Charles VI. 1394. with divers other On the other side we have a late â—…xample of the power of the Parliament of Paris in this very case For the same day that Henry IV. was 〈◊〉 by Ravilliae the Parliament met and after a short consultation declared Mary de Mâ—…dices Mother to the King Regent in France for the government of the State during the minority of her son with all power aâ—…d authority Such are the words of the Instrument Dated the 14 of May 1â—…10 It cannot be said but that this Câ—…urt deserveth not only this but also any other indulgence whereof any one 〈◊〉 of the Common-wealth is câ—…pable So watchfull are they over the health of the State and so tenderly do they take the least danger threatned to the liberty of that Kingdom that they may not unjustly be called patres patriae In the year 1614. they seized upon a discourse written by Suarez a Jesuite Entituled Adversus Anglicanae sectae errores wherein the Popes temporall power over Kings and Princes is averred which they sentenced to be burnt in the Palace-yard by the publick hangman The year before they inâ—…cted the same punishment upon a vain and blasphemous discourse penned by Gasper Scioppius a fellow of a most desperate brain and a very incendiary Neither hath Bellarmine himself that great Atlas of the Roman Church escaped much better for writing a book concerning the tâ—…mporall power of his Holinesse it had the ill luck to come into Paris where the Parliament finding it to thwart the liberty and royalty of the King and Countrey gave it over to the Hangman and he to the fire Thus it is â—…vident that the titles which the French writers give it as the true Temple of French Justice the â—…uttresse of equity and the gardian of the rights of France and the like are abundanâ—…ly deserved â—… it The next Chamber in esteem is the Tournelle which handleth all matters criminall It is so called from tourner which 〈◊〉 to change or alter because the Judges of the other severall chambers give sentence in this according to their severall turns the reason of which institution is said to be lest a continuall custome of condemning should make the Judges lesse mercifull and more prodigall of bloud an order full of health and providence It was instituted by the above named Philip de bel at the same time when he made the Parliament sedentarie at Paris and besides its peculiar and originall imployments it receiveth appeals from and redresseth the errors of the Provost of Paris The other five Chambers are called Des Enquestes or Camerae inquâ—…sitionum the first and antientest of them was erected also by Philip le bel and afterwards divided into two by Charles VII Afterwards the multitude of Processes being greater then could be dispatched in these Courts there was added a third Francis the first established the fourth for the better raising of a sum of money which then he wanted every one of the new Counsellors paying right deerly for his place The fifth and last was sounded in the year 1568. In each of these severall Chambers there are two Presidents and 20 Counsellors besides Advocates and Proctours ad placitum In the Touâ—…nelle which is an aggregation of all the other Courts there are supposed to be no sewer then 200 officers of all sorts which is no great number considering the many causes there handled In the Tournelle the Judges sit on life and death in the Chamber of Enqâ—…s they examine only civill 〈◊〉 of estate title debâ—… or the like The pleaders in these Courts are called Advoâ—…ates and must be at the least 〈◊〉 in the study of the Law At the Parliaments of 〈◊〉 and 〈◊〉 they admit of none but Doctors Now the 〈◊〉 of admitting them is this In an open and frequeâ—…t Court one of the aged'st of the Long roab presenteth the party which desireth admission to the Kings Attorney generall saying with a loud voice Paise a cour recevoir N. N. 〈◊〉 or Docteur en droict civil a la office a' Advocate This said the Kings Attorney biddeth him hold up
are yet in their Nurses armes or else under their Regents in Colledges nay more that the abuse goeth before their being Children being commonly designed to Bishopricks and Abbacies before they were born He made also another complaint that the Soveraign Courts by their decrees had attempted upon the authority which was committed to the Clergy even in that which meerly concerned Ecclesiasticall discipline and government of the Church To these complaints he gave them indeed a very gracious hearing but it was no further then an hearing being never followed by redresse The Court of Parliament knew too well the strength of their own authority and the King was loath to take from himself those excellent advantages of binding to himself his Nobility by the speedy preferring of their children and so the clergie departed with a great deal of envy and a little satisfaction Like enough it were that the Pope would in part redresse this injury especially in the point of jurisdiction if he were able But his wings are shrewdly clipped in this Câ—…untrey neither can he fly at all but as far as they please to suffer him For his temporall power they never could be induced to acknowledge it as we see in their stories anno 1610. the Divines of Paris in a Declaration of theiâ—…s tendred to the Queen Mother affirmed the supremacie of the Pope to be an Erroneous Doctrine and the ground of that hellish position of deposing and killing of Kings Anno 1517. when the Councell of Lateran had determined the Pope to be the head of the Church in causes also temporall the University of Paris testifieth against it in an Apology of theirs Dated the 12 of March the same year Leo decimus saith the Apology in quodamcoetu non tamen in Spiritu Domini congregato contra fidem Catholicam c. Sacrum Bisiliense concilium damnavit In which councell of Basil the Supremacy of the Pope was condemned Neither did the Kâ—…ngs of France forget to mâ—…intain their own authority And therefore when as Pope Boniface VIII had in a peremptory Letter written to Philip le Bell King of France styled himself Dominus totius mundi tam in tempâ—…ralibus quam in spiritualibus the King returned him an answer with an Epithite sutable to his arrogancy Sciat maxima tua fatuitas nos in temporalibus alâ—…ui nâ—…n subesse c. The like answer though in modester termes was sent to another of the Popes by St. Lewis a man of a most milde and sweet disposition yet unwilling to forgoe his royalties His spirituall power is alwayes as little in substance though more in shew for whereas the Councell of Trent hath been an especiall authorizer of the Popes spirituall supremacy the French Church would never receive it By this means the Bishops keep in their hands their own full authority whereof an obedience to the decrees of that Councell would deprive them It was truely said by St. Gregory and they well knew it Lib. 7. Epist. 70. Si unus universalis est restat ut vos Episcopi non sitis Further the University of Paris in their Declaration anno 1610 above mentioned plainly affirme that it is directly opposite to the Doctrine of the Church which the University of Paris alwayes maintained that the Pope hath the power of a Monaâ—…ch in the spirituall government of the Church To look upon higher times when the Councell of Câ—…nstance had submitted the authority of the Pope unto that of a Councell John Gâ—…rson Theologus Parisiensis magni nominis as one calleth him defended that decree and intituâ—…eth them 〈◊〉 admodum esse adulatores qui 〈◊〉 istam in Ecclesiam 〈◊〉 quasi nullis legâ—…m teneatur vinculis quasi neque paâ—…ere â—…beat coâ—…lio Pontâ—…x nec ab eo judâ—…cari queat The Kâ—…ngs 〈◊〉 also befriend their Clergy in this cause and thâ—…ore not only protested against the Councell of Trent wherein this spirituall tyranny was generally consented to by the Catholick faction But Henry II. also wouâ—…d not acknowledge them to be a Councell calling them by another name then Convâ—…ntus Tridentinus An indignity which the 〈◊〉 took very offensively But the principall thing in which it behoveth them not to acknowledge his spirituall Supremacy is the collation of Benefices and Bishopricks and the Annats and first fruits thence arising The first and greatest controversie between the Pope and Princes of Christâ—…ndome wâ—…s about the bestowing the livings of the Church and giving the investure unto Bishops the Popes had long thirsted after that authority as being a great means to advance their fâ—…llowers and establish their own greatnesse for which cause in divers pâ—…tty Councels the receiving of any Ecclâ—…siasticall preferment of a Lay man was enacted to be Simony But this did little edifie with such patrâ—…ns as had good livings As soon as ever Hildebrande in the Catalogue of the Popes called Gregory VII came to the Throne of Rome he set himself entirely to effect this 〈◊〉 as well in Germany now he was Pope as he had dâ—…ne in Franâ—…e whilest he was Legat he commandeth therefore Henry III. Emperour Ne deinceps Episcpâ—…tus beneficia they are Platinas own words per â—…piditatem Simonaicam committat aliter se usuâ—…um in ipsum censuris Ecclâ—…siasticis To this injustice when the Emperour would not yeeld he called a solemn Câ—…uncell at the Lateran wherein the Emperour was pronounced to be Simoniacall and afterwards Excommunicated neither would this Tyrant ever leave persecuting of him till he had laid him in his grave After this there followed great strugling for this matter between the Popes and the Emperours but in the end the Popes got the victory In England here he that first beckoned about it was William Rusus the controversie being whether he or Pope Uâ—…ban should invest Anselme Archbishop of Canterbury Anselme would receive his investure from none but the Pope whereupon the King banished him the Realm into which he was not admitted till the Reign of Henry II. He to endeer himself with his Clergy relinquished his right to the Pope but afterwards repenting himselfe of it he revoked his grant neither did the English Kings wholly lose it till the reign of that unfortunate prince King John Edward the first again recoverâ—…d it and his 〈◊〉 kept it The Popes having with much violence and opposition wrested into their hands this priviledge of nominating Pâ—…iests and investing Bishops they spared not to lay on what taxes they pleased as on the Benefices first fruits pensions subsidies fifteenths tenths and on the Bishopricks for palles miters crofiers rings and I know not what bables By these means the Churches were so impoverished that upon complaint made to the Councell of Basil all these cheating tricks these aucupia expilâ—…di rationes were abolished This decree was called Pragmatica functio and was confirmed in France by Charles VII anno 1438. An act of singular improvement to the Church and Kingdome of France which yearly before as the Court
chapter in the interim untill he mought be fully informed what Lawes c. were meet and fit to be established for the good government of the said Island in causes Ecclesiaftical c. to grant commission c. to exercise the Ecclesiastical Jurisdiction there according to cerâ—aid instructions signed with our royal hand to continue only untill we might establish c. as it followeth in the Original By this Interim there was a clause in force whereby it was permitted to the Ministers not to bid holydaies or use the Crosse in Baptism or wear the Surplice or to exact it of the people that they kneel at the Communion In other matters it little differed from the Canons afterwards established and now in being in that Island Thus fortified with power and furnished with instructions home cometh the new Dean into his Countrey and in a frequent assembly of the three Estates takes full possession of his place and office Nor found he any opposition till he began to exercise his Jurisdiction At what time Sir John Herault then Bayliffe of the Island and to whom his Majesty had given the title of St. Saviour not pleased to see so many causes drawn from his Tribunal made head against him But this disgust was quickly over-blown and the Bailiffe for four years suspended by his Majesty from the executing of his office This done his fellow Ministers were called together and he imparted unto them his instructions All of them seeming well contented with the Jurisdiction De la place excepted who much impatient as commonly the miscarrying of our hopes as much torments us as the losse of a possession to see himself deluded forsook the Countrey But to the Liturgie they thought they had no cause to give admission nay that they had good cause unto the contrary viz. as not being desired by them in their addresse and having been for fifty years at least a stranger in the Islands a thing also much stomacked and opposed by many learned men in England and not imposed as yet upon the Scots which people in so many other particulars had been brought unto conformity with the English In the end having six moneths allowed them to deliberate frangi pertinaciam suam passi sunt they were content to bend and yeeld unto it upon such qualifications of it as in the instructions were permitted A duty carelesly discharged and as it were by halfs by many of them those viz of the ancient bâ—…eed which have so been wedded to a voluntary frame and fabrick of devotion but punctually observed by those of the lesser standing as having good acquaintance with it here in England and not possâ—…ssed with any contrary opinion whereby it might be prejudiced And now there wanted nothing to perfect the intentions of his Majesty and to restore unto the Island the ancient face and being of a Church but only that the Policy thereof was something temporary and not yet established in the rule and Canon But long it was not ere this also was effected and a fixt Law prescribed of Government Ecclesiastical Which what it is by what means it was agreed on how crossed and how established his Majesties own Letters Patents can best instruct us and to them wholly I referre the honour of the relation CHAP. VII The Canons and Constitutions Ecclesiasticall for the Church Discipline of Jarsey together with the Kings Letters Patents for the autborising of the same JAMES by the grace of God King of England Scotland France and Ireland defender of the faith c. To our right trusty and well beloved Counseller the reverend father in God Lancâ—…lot Bishop of Winton and to our trusty and well beloved Sir John Peyton Knight Governour of the Isle of Jarsey and to the Governour of the said Isle for the time being and to the Bailiffe and Jurates of the said Isle for the time being to whom it shall or may appertain Greeting Whereas we held it fitting heretofore upon the admission of the now Dean of that Island unto his place in the interim untill we might be fully informed what Lawes Canons or Constitutions were meet and fit to be made and established for the good government of the Island in causes Ecclesiasticall appertaining to Ecclesiasticall jurisdiction to command the said Bishop of Winton Ordinary of the said Island to grant his Commission unto David bandâ—…ell nâ—…w Dean of the same Island to exercise the juâ—…isdictionâ—…here â—…here according to certain instructions signed with our â—…oyall hand to continue only till we might establish such Constitutions Rules Canons and Ordinances as we intended to settle for the regular government of that our Island in all Ecclesiasticall causes conformed to the Ecclesiasticall goâ—…nment established in our Realm of England as near as conveniently might be And whereas also to that our purpose and pleasure was that the said Dean with what convenient speed he might after such authority given unto him as aâ—…aid and after his arrivall into that Island and the publick notice given of that his admission unto the said office should together with the Ministers of this our Island consider of such Canons and Constitutions as might be fitly accomâ—…dated to the circumstances of time and place and persons whom they concern and that the same should be put in good order and intimated by the Governour Baâ—…e and Jurates of that our Island that they might offer to us and our Councell such acceptions and give such reformations touching the same as they should think good And whereas the said Dean and Ministers did conceive certain Canons and presentâ—…d the same unto us on the one part and on the other part the said Bailisfe and Jurates excepting against the same did send and depuâ—…e Sir Philip de Caâ—…ter et Knight Joshuaâ—… de Carteret and Philip de Carteret Esquires three of the Jurates and Justices of our said Isle all which parties appeared before our right trusty and well beloved Counsellers the most reverend father in God the Lord Archbishop of Câ—…rbury the Right reverend father in God the Lord Bishop of Lincolne Lord Keeper of the Geat Seal of England and the Right reverend father in God the said Lord Bishop of Winton to whom we granted commission to examine the same who have have accordingly heard the said parties at large read and examined corrected and amended the said Canons and have now made report unto us under their hands that by a mutuall consent of the said Deputies and Deâ—…n of our Island thâ—…y have reduced the said Canons and Constitutions Eccleâ—…sticall into such order as in their judgements may well stand with the estate of that Island Know ye therefore that we out of our Princely care of the quiet and peaceable government of all our Dominions especialy affecting the peace of the Church and the establishment of true Religion and â—…lesiasticall 〈◊〉 in one uniforme order and course throughout all our Realms and Dominions so happily unitâ—…d under us as their Supreme Governor on earth
their prayers and to answer in the Catechismes they shall instruct them in good manners they shall bring them unto Sermons and to Common-prayers and there see them quietly and orderly â—…emean themselves CHAP. XII Of the Court Ecclesiasticall Article I. 1. THe Court shall be holden every Munday in the year observing the same vacations as the Courts Civill II. 2. At every Session in the beginning of it the names of the Assessors shall be inrolled the day the moneth and the year and the decrees perused III. 3. After judgment and sentence given in the main matter the cofts of the parties and the wages of the officers shall be awarded by censure Ecclesiastick IV. 4. There shall be two Procters duely sworn unto the Court to the end the people may proceed formally and juridically without any confusion or surprise And the Register being also sworn shall faithfully record the sentences pronounced and give copies of the Acts to such as do require it V. 5. The Kings Atturney or in his absence the Solliciter â—…all be assistant in the Court from time to time in the awarding of punishment or censure upon all causes of crime and scandall VI. 6. For the serving of citation and summons the Dean shall swear the Sextons of every Parish together with an Apparitour which shall truly discharge themselves in giving copies of the originall proces and citation unto those whom it concerns or in the absence of the party to his servants In which proces and citations the causes of their appearance shall be expressed VII 7. If the party will not be found as either hiding himself or using any other collusion the citation shall be affixed in case that he have never an house on the Church door of the Parish where he dwelleth and that upon a Sunday VIII 8. If it come unto the notice of the Dean by the report of honest men that any one hath doth live notoriously scandalous he shall advertise the Minister and Church-wardens of the Parish to the end that being thus informed they may present such persons as merit to be punished or censured IX 9. Upon good notice of a crime committed by any of the Ministers the Dean after two warnings or admonitions shall proceed to the reforming of him by the advice and consent of two of his brethren even unto suspension and sequestration And in case he continue resractory the Dean by the consent of the major part of Ministers shall proceed to deprivation X. 10. No commutation shall be made in lieu of penance without great circumspection and regard had unto the quality of the persons and circumstances of the crime And the commutation shall be inrolled in the Acts of the Court to be imployed upon the poor and in pious uses whereof an account shall be given according to the Register XI 11. After the first default the non-appearance of the party again cited shall be reputed as a contempt if being after pereâ—… ptorily cited he doth not appear then shall they proceed against him by excommunication and if before the next Court day he endevour not to obtain absolution they shall proceed to the publishing of the sentence of the minor excommunication which shal be delivered to the Minister of the Parish to be read upon some solemn day and in the hearing of the greater part of the Parishioners The party still continuing in his contumacy they shall then proceed unto the major excommunication whereby he shall be excluded a sacris societate fidelium If this bring him not unto obedience and acknowledgement within the space of forty dayes then shall the Dean by his certificate authentick give notice unto the Bailiff and Justices of the said contumacy requiring their assistance to seise on him and commit him prisoner to some sure place till he be humbled and shall give surety that he will submit unto the ordinance of the Church and before that he be absolved he shall be bound to defray the costs and charges of the suit XII 12 In cases of incontinency upon presentment of the Church-wardens together with the probabilities of a common fame scandall and presumptions in this case requisite the party shall undergo the purgation upon oath or else shall be reputed as convict XIII 13. In causes of Adultery at the instance of the party the proceedings shall go on advisedly by good proofs and informations even to evidence of the crime objected and if the matter or evidence of fact be clear they may proceed to separation a thoro mensa XIV 14 He that shall oftend in point of calumny and diffamation shall make acknowledgment oâ—… the injury according to the exigence of the case provided that the business be followed within the compasse of the year and that the matter of it be of Ecclesiasticall cognisance in the crimes above recited CHAP. XIII Of Appeales Article I. 1. APpeales in causes Ecclesiasticall shall be heard and determined by the reverend father in God the Bishop of Winton in person and if that See be void by the most reverend father in God the Archbishop of Canterbury in person II. 2. All Appeales shall be exhibited within fifteen dayes after notice taken of the sentence and the party shall be constrained to take or write out the whole proces at it is upon the Register or Rols of Court which Acts of the said Court shall be delivered to him in forme and time convenient under the seal of the office and the Appellant shall pursue the action within a year and a day aut sententiae latae stare compellitur III. 3. It shall not be lawfull to appeal untill after the definitive sentence unlesse in these two cases viz. either when the Interlocutory is such as puts an end unto the businesse or else when the said interlocutory being obeyed brings such irreparable damage to the party that he cannot help himself by his Appeal A Table of the Fees appertaining to the Dean and his Officers in all causes Ecclesiasticall FOr the proving of a Will where the goods of the deceased exceed not the value of five pâ—…und To the Dean o. To thâ—… Register for writing and recording it 6 d. For the approving of a Will above the value of 5 l. To the Dâ—… 2 s. To the Register or Notary 1 s. For a Letter of 〈◊〉 where the goods of the deceased exceed not the value of 5 l de claro To the Dean o. To the Register for writing it 6 d. For a Letter of administration above that value To the Dean 1 s. To the Register 1 s. For the registring an Inventory of the goods of minors where the said inventory exceedeth not the value of 5 l. To the Dâ—…an o. To the Register 4 d. For the registring of Inventories exceeding the value of 5 l. To the Dean 2 s. To the Register 1 s. For an authentick copy of the said Wils Inventories or Letters of administration To the Dean for his seal 6 d. To the Register 6
sinister opinion conceived of the free use of it in England The innocence and harmelesnesse of it amongst us The impostures of French Pandars in London with the scandall thence arising The peccancy of an old English Doctor More of the French Women Their Marriages and lives after wedlock c. An Elogie to the English Ladies p. 41. CHAP. III. France described The valley of Montmorancie and the Dukes of it Mont martre Burials in former times not pe mitted within the wals The prosâ—…cuting of this discourse by manner of a journall intermitted for a time The Town and Church of St. Denis The Legend of him and his head Of Dagobert and the Leâ—…er The reliques to be seen there Martyrs how esteemed in St. Augustine's time The Sepulchres of the French Kings and the treasury there The Kings house of Madrit The Qeen Mothers house at Ruall and fine devices in it St. Germains en lay another of the Kings houses The curious painting in it Gorramburie Window the Garden belonging to it and the excellency of the Water-works Boys St. Vincent de Vicennes and the Castle called Bisester p. 50. CHAP. IV. Paris the names and antiquity of it The situation and greatnesse The chief strength and Fortifications about it The streets and buildings King James his laud ble care in beautyfying London King Henry the fourths intent to fortifie the Town Why not actuated The Artifices and wealth of the Parisians The bravery of the Citizens described under the person of a Barber p. 64. CHAP. V. Paris divided into four parts Of the Fauxburgs in generall Of the Pest house The Fauxburg and Abbey of St. Gâ—…main The Queen Mothers house there Her purpose never to reside in it The Provost of Merchants and his authority The Armes of the Town The Town-house The Grand Chastellet The Arcenall The place Royall c. The Vicounty of Paris And the Provosts seven daughters p. 73. CHAP. VI. The University of Paris and Founders of it Of the Colledges in general Marriage when permitted to the Rectors of them The small maintenance allowed the Scholars in the Universities of France The great Colledge at Tholoza Of the Colledge of the Sorbonne in particular that and the House of Parliament the chief Bulwarks of the French liberty Of the Polity and Government of the University The Rector and his precedency the disordered life of the Scholars there being An Apologie for Oxford and Cambridge The priviledges of the Scholars their degrees c. p. 80. CHAP. VII The City of Paris seated in the place of old Lutetia The Bridges which joyn it to the Town and University King Henry's Statua Alexander's injurious policy The Church and revenues of Nostre Dame The Holy water there The original making and virtue of it The Lamp before the Altar The heathenishnesse of both customes Paris best seen from the top of this Church the great Bell there never rung but in time of Thunder the baptizing of Bels the grand Hospital and decency of it The place Daulphin The holy Chappel and Reliques there What the Antients thought of Reliques The Exchange The little Chastelet A transition to the Parlament p. 90. CHAP. VIII The Parliament of France when begun of whom it consisteth The digniiy and esteem of it abroad made sedentarie at Paris appropriated to the long robe The Palais by whom built and converted to seats of Justice The seven Chambers of Parliament The great Chamber The number and dignity of the Presidents The Duke of Biron afraid of them The Kings seat in it The sitting of the Grand Signeur in the Divano The authority of this Court in causes of all kinds and over the affaires of the King This Court the main pillar of the Liberty of France La Tournelle and the Judges of it The five Chambers of Enquestes severally instituted and by whom In what cause it is decisive The forme of admitting Advocates into the Courts of Parliament The Chancellour of France 〈◊〉 his Authority The two Courts of Requests and Masters of them The vain envy of the English Clergy against the Lawyers p. 104. CHAP. IX The Kings Palace of the Louure by whom built The unsutablenesse of it The fine Gallery of the Queen Mother The long Gallery of Henry IV. His magnanimous intent to have built it into a quadrangle Henry IV. a great builder His infinite project upon the Mediterranean and the Ocean La Salle des Antiques The French not studious of Antiquities Burbon house The Tuilleries c. p. 113. La BEAUSE OR THE THIRD BOOK CHAP. I. Our Journey towards Orleans the Town Castle and Battail of Mont l'hierrie Many things imputed to the English which they never did Lewis the 11. brought not the French Kings out of wardship The town of Chartroy and the mourning Church there The Countrey of La Beause and people of it Estampes The dancing there The new art of begging in the Innes of this Countrey Angerville Tury The saweiness of the French Fidlers Three kindes of Musick amongst the Antient. The French Musick p. 121. CHAP. II. The Country and site of Orleans like that of Worcester The Wine of Orleans Praesidial Towns in France what they are The sale of Offices in France The fine walk and pastime of the Palle Malle The Church of St. Croix founded by Superstition and a miracle Defaced by the Hugonots Some things hated only for their name The Bishop of Orleans and his priviledge The Chappell and Pilgrims of St. Jacques The form of Masse in St. Croix 〈◊〉 an Heathenish custome The great siege of Orleanâ—… raisâ—…d by Joan the Virgin The valour of that woman that she was no witch An Elogie on her p. 131. CHAP. III. The study of the Civill Law revived in Europe The dead time of learning The Schools of Law in Orleans The oeconomie of them The Chancellour of Oxford antiently appointed by the Diocesan Their methode here and prodigality in bestowing degrees Orleans a great conflux of strangers The language there The Corporation of Germans there Their house and priviledges Dutch and Latine The difference between an Academie and an University p. 145. CHAP. IV. Orleans not an University till the comming of the Jesuites Their Colledge there by whom built The Jesuites no singers Their laudable and exact method of teaching Their policies in it Received not without great difficulty into Paris Their houses in that university Their strictnesse unto the rules of their order Much maliced by the other Priests and Fryers Why not sent into England with the Queen and of what order they were that came with her Our return to Paris p. 152. PICARDIE OR THE FOURTH BOOK CHAP. I. Our return towards England More of the Hugonots hate unto Crosses The town of Luzarch and St. Loupae The Country of Picardie and people Tho Picts of Britain not of this Countrey Mr. Lee Dignicoes Governour of Picardie The office of Constable what it is in France By whom the place supplyed in England The marble table
all the Episcopall habits except the Crosier-staffe and to bear himselfe as a Bishop within the liberties of his Chappell In the top of the upper Chappell it is built almost in forme of a Synagogue there hangeth the true proportion as they say of the Crown of thornes but of this more when we have gone over the Reliques I was there divers times to have seen them but it seemeth they were not vible to an Hugâ—…ots eyes though me thinketh they might have considered that my money was Catholique They are kept as I said in the lower Chappell and are thus 〈◊〉 in a Table hanging in the upper know then that you may believe that they can shew you the crown of thornes the bloud which ran from our Saviours brest his swadling cloutes a great part of the Crosse they also of Nostre dame have some of it the chaine by which the Jewes bound him no small peece of the stone of the Sepulchre Sanctam toelam tabulae insertam which I know not how to English Some of the Virgins milke for I would not have those of St. Denis think that the Virgin gave no other milk but to them the head of the Lance which pierced our Saviour the purple Robe the Sponge a piece of his Shroud the napkin wherewith he was girâ—…ed when he washed his Disciples feet the rod of Mosâ—…s the heads of St. Blase St. Clement and St. Simeon and part of the head of John Baptist. Immediately under this recitall of these Reliques and venerable ones I durst say they were could I be pâ—…rswaded there were no imposture in them there are set down a Prayer and an Anthem both in the same Table as followeth Oratio Quaesumus Omnipotens Deus ut qui sacra sanctissimae redemptionis nostrae insignia temporaliter veneramur per haec indesinenter muniti aeternitatis gloriam consequamur per dominum nostrum c. De sacrosanctis reliquiis Antiphona Christo plebs dedita Tot Christi donis praedita Jocunderis hodie Tota sis devota Erumpens in jubilum Depone mentis nubilum Tempus est laetitiae Cura sit summota Ecce crux et Lancea ferrum corona spinâ—… Arma regis gloriae Tibi offerantur Omnes terrae populi laudent actorem seculi Per quem tantis gratiae signis gloriantur Amen Pretty Divinity if one had time to examine it These Reliques as the Table 〈◊〉 us were given unto St. Lewis 〈◊〉 1247. by Baldwin the II. the last King of the Latines in Constantinople to which place the Christians of 〈◊〉 had brought them during the times that those parts were harryed by the Turks and Saraâ—…ns Certainly were they the same which they are given out to be I see no harme in it if we should honour them The very reverence due unto antiquity and a silver head could not but exâ—…ract some acknowledgment of respect even from an Heathen It was therefore commendably done by Pope Leo having received a parcell of the Crosse from the 〈◊〉 of Jerusalem that he entertained it with 〈◊〉 Particulam dominicae crucis saith he in his 72. Epistle cum Eulogiis 〈◊〉 tuae venera tur accepi To adore and worship that or any other Relick whatsoever with Prayers and Anthems as the Papists you see do never came within the minds of the Antients and therefore St. Ambrose calleth it Gentâ—…s error 〈◊〉 impioâ—…um This also was Sâ—… 〈◊〉 Religion as himself testifieth in his Epistâ—… to Riparius Nos saith he non diâ—… Martyrum reliquias sed ne Solem quidem Lunam non Angelos c. câ—…limus odoramus Thus were those two fathers mindâ—…d towards such Reliques as were known to be no others then what they seemed Before too many centuries of years had consumed the true ones and the impostures of the Priests had brought in false had they lived in our times and seen the supposed remnants of the Saints not honoured only but adored and worshipped by their blind and infatuated people what would they have said or rather what would they not have said Questionlesse the least they could do were to take up the complaint of Vigilantins the Papists reck on him for an Heretick saying Quid necesse est tâ—…nto honore non solum honorare sed etiam adorare illud nesâ—…io quid quod in vasculo transferendo coâ—…s Pâ—…esently without the Chappell is the Bâ—…se La Gallerie des Merchands a rank of shops in shew but not in substance like to those in the Exchange in London It reacheth from the Chappell unto the great hall of Parliament and is the common through-fare between them On the bottome of the staires and round about the severall houses consecrated to the execution of Justice are sundry shops of the same nature meanly furnished if compared with ouâ—…s yet I perswade my self the richest of this kind in Paris I should now go and take a view of the Parliament house but I will step a little out of the way to see the Place 〈◊〉 in and the little Chastelet this last serveth now only as the Gaole or Common-prison belonging to the Court of the Provost of Merchants and it deserveth no other imployment It is seated at the end of the Bridge called Petit Pont and was built by Hugh Aubriot once Provost of this Town to represse the fury and insolencies of the Scholars whose â—…udenesse and misdemeanors can no wayes be better bridled Omnes eos qui nomen ipsum Academiae vel serio vel joco nominossent haereticos pronunciavit saith Platina of Pope Paul the 〈◊〉 I dare say it of this wildernesse that whosoever will account it as an Academy is an Heretick to Learning and Civility The Place Daulphin is a beautifull heap of building situate nigh unto the new Bridge It was built at the encouragement of Henry IV. and entituled according to the title of his Son The houses are all of brick high built uniforme and indeed such as deserve and would exact a longer description were not the Parliament now ready to sit and my self sommoned to make my appearance CHAP. VIII The Parliament of France when begun of whom it consisted The dignity and esteem of it abroad made sedentarie at Paris appropriated to the long robe The Palais by whom built and converted to seats of Justice The seven Chambers of Parliament The great Chamber The number and dignity of the Presidents The Duke of Biron afraid of them The Kings seat in it The sitting of the Grand Signeur in the Divano The authority of this Court in causes of all kinds and over the affaires of the King This Court the main pillar of the Liberty of France La Tournelle and the Judges of it The five Chambers of Enquestes severally instituted and by whom In what cause it is decisive The forme of admitting Advocates into the Courts of Parliament The Chancellour of France and his Authority The two Courts of Requests and Masters of them The vain envy of the English Clergy against the
upon its liberty and priviledges to which this order was imagined to be an hindrance it being lawfull for them to take any degree in their own houses without reference to any publick exercise or examination In the year 1554. at what time they first began to set foot in France the Colledge of the Sorbonists made a long decree against them in the end whereof are these words and they are worth the reading Uidetur haec societas in nâ—…gotio fidei periculosa pacis Ecclesiae perturbativa monasticae religionis eversiva magis ad destructionsm quam ad aedificationem a censure too full of vineger and bitternesse Afterwards in the year 1564. they preferred a Petition to the University that the Colledge which the Bishop of Clermont had built for them might be incorporated into the University and enjoy the immunities of it Upon the Universities deniall of their desire there arose a suit between them and the University in the high Court of Parliament Peter Versoris pleading for the Jesuits and Stephen Pasquier for the other party In the end they were admitted though upon terms of wondrous strictnesse Anno 1594. John Castell a novice of this order having wounded King Henry IV. in the mouth occasioned the banishment of this Society out of all France into which they were not again received till the year 1604. and then also upon limitations more strict then ever Into Paris they were not readmitted untill anno 1606. neither had the liberty of reading Lectures and instructing the youth confirmed unto them till anno 1611. which also was compassed not without great trouble and vexation Per varios casus tot discrimina rerum As Aenâ—…as and his companions came into Latium In this University they have at this instant three houses one of the Novices a second of Institutors which they call the Colledge and a third of professed Jesuites which they style their Monastery or the professed house of St. Lewis In their house of Novices they train up all those whom they have culled out of their Schooles to be of their order and therein initiate them in the arts of Jesuitism and their mysteries of iniquity They there teach them not Grammaticall constructions or composition but instruct them in the paths of virtue courage and obedience according to such examples as their Authors afford them This they say of themselves and their friends for them But he that made the funerall Oration for Henry IV. anno 1610. reporteth it otherwise Latini sermonis obtentu saith he impurissime Gallicae juventutis mores ingenuos foedant Bonarum litterarum praetextu pessimas edocent artes Dum ingenia excolunt animas perdunt c. In their Colledge they have the same method of teaching which the others of their company use in Orleans A Colledge first given unto them by Mr. William Pratt Bishop of Clermount whose house it was but much beautifyed by themselves after his decease For with the mony which he gave unto them by his will which amounted as it was thought to 60000 crowns they added to it the Court called De Langres in St. James street anno 1582. Their Monastery or house of profession is that unto which they retire themselves after they have discharged their duties in the Colledge by reading and studying publickly in their severall Classes When they are here their studies both for time and quality is ad 〈◊〉 though generally their only studie in it is Policy and the advantage of their cause And indeed out of this Trojan horse it is that those firebrands and incendiaries are let out to disturb and set in combustion the affaires of Christendom out of this forge come all those stratagems and tricks of Machiavillianism which tend to the ruine of the Protestants and the desolation of their Countries I speak not this of their house of Profession here in Paris either only or principally wheresoever they settle they have a house of this nature out of which they issue to overthrow the Gospell Being sent once by their Superiors a necessity is layed upon them of obâ—…dience be the imployment never so dangerous And certainly this Nation doth most strictly obey the rules of their order of any whatsoever not excepting the Capouchins nor the Carthusians This I am witnesse to that whereas the Divinity Lecture is to end at the tilling of a Bell one of the Society in the Colledge of Clermont reading about the fall of the Angels ended his Lecture with these words Denique in quibuscunque for then was the warning given and he durst not so far trespasse upon his rule as to speak out his sentence But it is not the fate of these Jesuits to have great persons only and Universities only to oppose their fortunes they have also the most accomplisht malice that either the secular Priests or Fryers amongst whom they live can fasten upon them Some envie them for the greatnesse of their possessions some because of the excellency of their learning some hate them for their power some for the shrewdnesse of their brains all together making good that saying of Paterculus that Semper eminentis fortunae comes est invidia True indeed it is that the Jesuits have in a manner deserved all this clamor and stomach by their own insolencies for they have not only drawn into their own hands all the principall affairs of Câ—…urt and state but upon occasions cast all the scorn and contempt they can upon those of the other Orders The Janizaries of the Turke never more neglectfully speak of the Asapi then those doe of the rest of the Clergy A great crime in those men who desire to be accounted such excellent Masters of their own affections Neither is the affection born to them abroad greater then that at home amongst those I mean of the opposite party who being so often troubled and crumped by them have little cause to afford them a liking and much lesse a welcome Upon this reason they were not sent into England with the Queen although at first they were destinate to that service It was well known how odious that name was amongst us and what little countenance the Court or Countrey would have afforded them They therefore who had the Governance of that businesse sent hither in their places the Oratorians or the Fratres congregationis Oratorii a race of men never as yet offensive to the English further then the generall defence of the Romish cause and so lesse subject to envie and exception They were first instituted by Philip Nerius not long after the Jesuits and advanced and dignified by Pope Sixtus V. principally to this end that by their incessant Sermons to the people of the lives of Saints and other Ecclesiasticall Antiquities they might get a new reputation and so divert a little the torrent of the peoples affections from the Jesuites Baronius that great and excellent Historian and Bozius that deadly enemie to the Soveraignity of Princeâ—… were of the first foundation of this
laâ—…entable and bloudy war which 〈◊〉 upon hem tâ—…ey not only endevoured not to avoid but invited during the reign of Henry IV. who would not see it and the troublesome minority of Lewis XIII who could not molest them they had made themselves masters of 99 Towns well fortâ—…yed and enabled for a fiege a strength too great for any one factiâ—…n to keep together under a King which desires to be himself and rule hiâ—… people In the opiniâ—…n of this thâ—…ir potency they call Assemblies Parliaments as it were when and as often as they pleased There they consulted of the common affairs of Religion made new Laws of government removed and rechanged their generall officers the Kings leave all this while never so much as formally demanded Had they only been guilty of too much power that crime alone had been sufficient to have raised a war against them it not standing with the safety and honour of a King not to be the absolute commander of his own Suâ—…s But in this their licentious calling of Assemblies they abused their power into a neglect and not dissolving them at his 〈◊〉 commandment they increased their neglect into into a 〈◊〉 The Assembly which principally occasioned the war and their ruine was that of Roehell called by the Protestants presenâ—…ly upon the Kings journey into Bearn This generall meeting the King prohibited by his especiall Edicts declaring all them to be guilty of treason which notwithstanding they would not 〈◊〉 to but very undutifully went on in their purposes It was said by a Gentleman of their party and one that â—…ad been imployed in many of their affairs That the fiery zeal of some who had the guiding of their consciences had thrust them into those desperate courses and I believe him Tantum relligio potuit suadere malorum Being assembled they sent the King a Remonstrance of their grievances to which the Duke Lesdiguiers in a Letter to them written gave them a very fair and plausible answer wherein also he intreateth them to obey the Kings Edict and break up the Assembly Upon the receipt of this Letter those of the Assembly published a Declaration wherein they verified their meeting to be lawfull and their purpose not to dismisse themselves till their desires were granted This affront done to the King made him gather together his Forces yet at the Duke of Lesdiguiers request he allowed them 24 dayes of respite before his Armies should march towards them he offered them also very fair and reasonable conditions such also as their Deputies had sâ—…licited but far better then those which they were glad to accept when all their Towns were taken from them Profecto ineluct abilis fatorum vis cujus fortunam muâ—…are constituit ejus corrumpit consilia It held very rightly in this people who turned a deaf eare to all good advice and were râ—…lved it seemeth Not to hear the voice of the Charmer charmed he never so sweetly In their Assemblie therefore they mâ—…ke Lawes and Orders to regulate their 〈◊〉 as That no peace should be made without the consent of the generall Convocation about paying of Souldiers wages fâ—…r the detaining of the Revenues of the King and Cleâ—…y and the like They also there divided France into seven cirâ—…es or parts assigning over every circle severall Generals and Lieutenants and prescribed Orders how those Generals should proceed in the wars Thus we see the Kings Army leavied upon no slight grâ—…nd his Regall authority was neglected his especiall Edicts violated his gracious profers slighted and his Revenues â—…orbidden him and his Realm divided before his face and allotted unto officers not of his own election Had the prosecution of his action been as fair as the cause was just and legall the Protestants had only deserved the infamy but hinc illae lachrymae The King so behaved himself in it that he suffered the sword to walk at randome as if his main design had been not to correct his people but to ruine them I will instance onely in that tyrannicall slaughter which he permitted at the taking of Nigrepetisse a Town of Quercu wherein indeed the Souldiers shewed the very â—…igour of severity which either a barbarous victor could inflict or a vaâ—…quished people suffer Nec ullum saevitiae genus â—…misit ira victoria as Tacitus of the angred Romans For they spared neither man nor woman nor childe all equally subject to the cruelty of the sword and the Conquerour The streets paved with dead carkasses the channels running with the bloud of Christians no noise in the streets but of such as were welcoming death or suing for life Their Churches which the Goths spared at the sack of Rome were at this place made the Theatres of lust and bloud neither priviledge of Sanctuary nor fear of God in whose holy house they were qualifying their outrage this in the common plâ—…ces At domus interior gemitu miseroque tumultu Misâ—…tur penitusque cavae plangoribus aedes Foemineis ululant As Virgil in the ruine of Trâ—…y But the calamities which besell the men were mercifull and sparing if compared to those which the women suffered when the 〈◊〉 had made them the objects of their lust they made them also the suâ—…jects of their fury in that only pittifull to that poor and distressed sex that they did not let them survive their honours Such of them who out of fear and faintness had made but little reâ—…ance had the favour to be stabbed but those whose virtue and courage maintaned their bodies valiantly from the rapes of those villains had the secrets of nature procul hino este castae misericordes aures filled with gun-powder and so blown into ashes Whither O you divine powers is humanity fled when it is not to be found in 〈◊〉 or where shall we look for the effects of a picifull nature when men are bâ—…come so unnaturall It is said that the King was ignorant of this barbarousnesse and 〈◊〉 at it Offâ—…nded I perswade my self he could not but be unlesse he had totally put off himself and degenerated into a Tyger But for his ignorance I dare not conceive it to be any other then that of Nero an ignorance rather in his eye then understanding Subduxit oculos Nero saith Tacitus jussitque sâ—…lera non spectavil Though the Protestants deserved â—…icti â—…or their disobedience yet this was an execution above the nature of a punishment a misery beyond the condition of the crime True it is and I shall never acquit them of it that in the time of their prosperity they had done the King many affronts and committed many acts of disobedience and insolency which justly occasioned the war against them for besides â—…hose already recited they themselves first broke those Edicts the due execution whereof seemed to have been their only petition The King by his Edâ—…ct of pacification had licenced the free exercise of both Religionâ—… and thereupon permitâ—…ed the Priests and Jesuits to preach in the
the Priesthood from the Right Reverend Doctor Bridges then Bishop of that Diocesse A matter so infinitely stomacked by the Colloquie that they would by no means yeeld to his admission not so much because of his presentation from the Governor as of his ordination from the Bishop For now they thought Annibalem ad portas that Popery began again to creep upon them and therefore they resolved to fight it out 〈◊〉 de summa rerum as if the whole cause of Religion were in danger 〈◊〉 howâ—…ver enjoyed the profits of the living and a new complaint was made against them to the Councel In which complaint there also was intelligence given unto their 〈◊〉 that the inhabitants generally of the Isle were 〈◊〉 with the 〈◊〉 and guidance of the Church and that the most of them would eaâ—…ly admit the form of English Government that some of them did desire it The matter thus grown ready for an issue and his Majesty desirous to bring all things to the most peaceable and quiet end both parties were commanded to attend at Court the Governor and secular states to prosecute their suit and make good their intelligence the Ministers to answer the complaints and tender their proposals Hereupon the Governor and those of the laity delegated to the Court Marret the Attorney and 〈◊〉 the new Parson of St. Peters by whom the people sent a formal Petition to his Majesty signed by many of their hands and to this purpose viz. that he would be pleased to establish in their Island the book of Common-prayers and to settle there among them some Ecclesiastical Officer with Episcopal jurisdiction On the other side there were deputed for the Ministers Mr. Bandinell the now Dean Oliveis the now Sub dean Effart the Curate of St. Saviours and De la place then Curate of St. Maries To whom this also was specially given in charge that with all industry they should oppose whatsoever innovation as they called it might be proposed unto them and resolutely bear up for the present Discipline Immediately upon their appearance at the Court both parties by his Majesty were reserred to the Councel and by them again to my Lord Archbishop of Conterbury the Lord Zouche and Sir John Herbert then principal Secretary Before them the cause was privately argued by the Deputies of both parties and the desires of the Governor and of the people conâ—…antly impugned by the Ministers But as it alwaies hapneth that there is no confederacy so well joyned but one member of it may be severed from the rest and thereby the whole practise overthrown so was it also in this businesse For those which there sollicited some private businesse of the Governors had finely wrought upon the weaknesse or ambition of De la place bearing him in hand that if the Government of the Church were altered and the office of the Dean restored he was for certain resolved upon to be the man Being fashioned into this hope he speedily betrayed the counsels of his fellowes and furnished their opponents at all their enterviews with such intelligence as might make most for their advantage At last the Ministers not well agreeing in their own demands and having little to say in the defence of their proper cause whereto their answers were not providâ—…d beforehand my Lord of Canterbury at the Councel-table thus declared unto them the pleasure of the King and Councell viz. that for the speedy redresse of their disorders it was reputed most convenient to establish among them the authority and office of the Dean that the book of Common prayer being again printed in the French should be received into their Churches but the Ministers not tyed to the strict observance of it in all particulars that Messerny should be admitted to his benefice and that so they might return unto their charges This said they were commanded to depart and to signifie to those from whom the came they full scope of his Majesties resolution and so they did Bâ—…t being somewhat backward in obeying this decree the Councel intimated to them by Sir Phil. de Carteret their Agent for the Estates of the Island that the Ministers from among themselves should make choice of three learned and grave persons whose names they shâ—…uld return unto the board out of which his Majesty would resolve on one to be their Dean A proposition which found among them little entertainment Not so much out of dislike unto the dignity for they were most of them well contented with the change but because every one of them conceived hopefully of himself to be the man and all of them could not be elected they were not willing to prejudice their own hopes by the naming of another In the mean time Mr. David Bandâ—…ell then Curate of St. Maries either having or pretending some businesse unto London was recommended by the Governor as a man most fit to sustain that place and dignity And being also approved by my Lord of Canterbury aâ—… certainly he is a man of good abilities as a person answerable to the Governors commendations he was established in that office by Letters Patents from his Majesty dated the 8. of March anno 1619. and was invested with all such rights as formerly had been inherent in that dignity and that both in point of profit and also in point of jurisdiction For whereas formerly the Dean was setled in the best benefice in the Island that viz. of St Martins and had divers portions of tithes out of every of the Parishes the said St. Martins was allotted to him upon the next avoidance aud the whole tithes of St. Saviours allowed him in consideration of his several parcels And whereas also at the suppression of the Deanry the Governor had taken into his hands the probate of Testaments and appointed unto civil Courts the cognizance of Matrimoniall causes and of tithes all these again were restored unto him and forever united to this office For the executing of this place there were some certain Articles or rather Canons drawn and ratified to be in force till a perfect draught of Ecclesiastical constitutions could be agreed on which it pleased his Majesty to call the Interim And this he did in imitation of Charles the 5. which Prince desirous to establish peace and quietnesse in the Church of Germany and little hoping that any Councel would be summoned soon enough to determine of the differences then on foot composed a certain mixture of opinions in favour of each party which he endevoured to obtrude upon that people the compilers of it Julius Pflugiuâ—… Michael Sidonius and Islebius the time when anno 1594. the name of it the Interim a name given unto it by the Emperor eo quod praescriberet formulam doctrinae ceremoniarum in religione in terra tenendam quoad de universa re religionis concilio publico definitum esset so the historian of the Councell In like manner did it please his Majesty as himself tels us in the next
woman during her divorce he shall have recourse to the Secular power CHAP. VI. Of Ministers Article I. 1. NO man that is unfit to teach or not able to preach the word of God shall be admitted to any Benefice within the Isle or which hath not received imposition of hands and been ordained according to the forme used in the Church of England II. 2. None of them either Dean or Minister shall at the same time hold two Benefices unlesse it be in time of vacancy and only the Natives of the Isle shall be advanced to these preferments III. 3. The Ministers every Sunday after morning prayer shall expound some place of holy Scripture and in the afternoon shall handle some of the points of Christian Religion contained in the Catechism in the Book of Common-prayers IV. 4 In their Prayers they shall observe the titles due unto the King acknowledging him the Supreme governour under Christ in all causes and over all persons as well Ecclesiasticall as Civill recommending unto God the prosperity of his person and royall posterity V. 5. Every Minister shall carefully regard that modesty and gravity of apparell which belongs unto his function and may preserve the honour due unto his person and shall be also circumspect in the whole carriage of their lives to keep themselves from such company actions and haunts which may bring unto them any blame or blemish Nor shall they dishonour their calling by Gaming Alehouses â—…suries guilds or occupations not convenient for their function but shall endevor to excell all others in purity of life in gravity and virtue VI. 6. They shall keep carefully a Register of Christnings Marriages and Burials and shall duely publish upon the day appointed to them the Ordinances of the Courts such as are sent unâ—… them signed by the Dean and have been delivered to them fifteen dayes before the publication VII 7. The Ministers shall have notice in convenient time of such Funerals as shall be in their Parishes at which they shall assist and shall observe the forme prescribed in the book of Common-prayers No man shall be interred within the Church without the leave of the Minister who shall have regard unto the quality and condition of the persons as also unto those which are benefactours unto the Church CHAP. VII Of the Dean Article I. 1. THe Dean shall be a Minister of the word being a Master of the Arts or Graduate at the least in the Civill Lawes having ability to exercise that office of good life and conversation as also well affected to Religion and the service of God II. 2. The Dean in all causes handled at the Court shall demand the advice and opinion of the Ministers which shall then be present III. 3. There shall appertain unto him the cognisance of all matters which concern the service of God the preaching of the Word the administration of the Sacraments Matrimoniall causes the â—…xamination and censure of all Papists Recusants Hereticks Idolaters and Schismaticks persons perjured in causes Ecclesiasticall Blasphemers those which have recourse to Wizards incestuous persons Adulterers Fornicators ordinary drunkards and publick profaners of the Lords day as also the profanation of the Churches and Church-yards misprisionâ—… and offences committed in the Court or against any officers thereof in the execution of the mandats of the Court and also of Divorces and separations a thoro mensa together with a power to censure and punish them according unto the Lawes Ecclesiasticall without any hindrance to the power of the Civill Magistrate in regard of temporall correction for the said crimes IV. 4. The Dean accompanied with two or three of the Ministers once in two years shall visite every Parish in his own person and shall take order that there be a Sermon every visitation day either by himself or some other by him appointed Which Visitation shall be made for the ordering of all things appertaining to the Churches in the service of God and the administration of the Sacraments as also that they be provided of Church-wardens that the Church and Church-yards and dwellings of the Ministers be kept in reparations And farther he shall then receive information of the said Church-wardens or in their default of the Ministers of all offences and abuses which need to be reformed whether in the Minister the officers of the Church or any other of the Parish And the said Dean in lieu of the said visitation shall receive 4 s. pay out of the Treasures of the Church for every time V. 5. In the vacancy of any Benefice either by death or otherwise the Dean shall give present order that the profits of it be sequestred to the end that out of the revenue oâ—… it the Cure may be supplyed as also that the widow and children of the deceased may be satisfied according to the time of his service and the custome of the Isle excepting such necessary deductions as must be made for dilapidations in case any be He shall also give convenient time to the widow of the deceased to provide her of an house and shall dispose the residue unto the next Incumbent for which the Sequestrator shall be accomptant VI. 6. In the same case of vacancy if within six months the Governour do not present a Clerk unto the Reverend father in God the Bishop of Winton or if that See be void to the most Reverend father in God the Archbishop of Canterbury to be admitted and instituted to the said Benefice then shall the Dean give notice of the time of the vacancy unto the said Lords the Bishop and Archbishop whereby it is in the lapse that so it may be by them collated And then if any one be offered to them the Dean shall give a testimony of the Demeanure and sufficiency of the party to be approved by them before he put him into actuall possession of the said Benefice VII 7. The Dean shall have the Registring and Probate of Testaments which be approved by the seal of his office and afterwards enregistred He shall also have the registring of the Inventories of the moveable goods of Orphanes which he shall carefully record to give copies of them at all times and as often as he is required Also he shall give letters of administration of the goods of Intestates dying without heirs of their body to the next of kindred VIII 8. They which have the keeping of the Will whether he be Heir Executor or any other shall transcribe and bring iâ—… unto the Dean within one moneth in default whereof he shall be brought by processe into the Court and be constrained to pay double charges And the said Dean for the said Testaments Inventories and Letters of administration shall have such fees as are specified in a Table for this purpose IX 9. All legacies moveable made unto the Church the Ministers Schools or to the poor shall be of the cognisance of the Dean but upon any opposition made concerning the validity of the Will
d. For processe compulsory to bring in the Wils 1 s. For Licences of marriage To the Dean 3 s For the sequestration of the profits of a Benefice To the Dean 6 s. For the induction of a Minister To the Dean 3 s. For proces and citations To the Dean 2 d. ob To the Notary 1 d. qa To the Apparitor for serving the Proces and Citations 3 d. To the Sexton for serving a Citation within the Parish 1 d. qa For absolution from the minor excommunication To the Dean 1 s. To the Notary 2 d. ob To the Apparitor 2 d. ob For absolution from thâ—… major excommunication To the Dean 2 s. To the Notary 2 d ob To 〈◊〉 Apparitor 6 d. In causes Litigious the party overthrown shall pay the fees and duties of the Officers and for the authentick writing To the party 4 d. as also to every witnesse produced in Court 4 d. To the Proctors oâ—… the Court for every cause they plead 6 d. To the Notary for every instrument entred in the Court 1 d qa To him for every first default in Court 1 d. qa To him in case of contumacy 4 d. According whereunto it is ordained that neither the Dean nor his successors nor any of his officers either directly or indirectly shall demand exact or receive of the Inhabitants of the said Isle any other fees or duties then such as are specified in the table above written And it is further ordained that whatsoever hath been done or put in execution in the said Isle on any causes and by virtue of any Ecclesiasticall jurisdiction shall be forthwith abrogated to the end that it may not be drawn into example by the said Dean or any of his successors in the times to come contrary to the tenure of these Canons at this present made and established but that all their proceedings be limited and fitted to the contents of the said Canons and Constitutions Ecclesiasticall Also that there be no hindrance or impeachment made by the Civill Magistrate unto the said Dean and his successors in the peaceable execution of the said jurisdiction contained in the said Canons as being nothing prejudiciall to the priviledges and customes of the said Isle from which it is not our purpose at all to derogate Given as before said under our signet at our Court at Greenwich on the last day of June in the year of our Reign of England France and Ireland the one and twentieth and of Scotland the six and fiftieth CHAP. VIII 1 For what cause it pleased his Majesty to begin with Jarsey 2 A representation of such motives whereon the like may be effected in the Isle of Guernzey 3 The indignity done by a Minister hereof to the Church of England 4 The calling of the Ministers in some reformed Churches how defensible 5 The circumstances both of time and persons how ready for an alteration 6 The grievances of the Ministery against the Magistrates 7 Proposals of such means as may be fittest in the managing of this design 8 The submission of the Author and the work unto his Lordship The conclusion of the whole Our return to England I Now am come unto the fourth and last part of this discourse intended once to have been framed by way of suit unto your Lordship in the behalf of the other Island not yet weaned from the breasts of their late mother of Geneva But finding that course not capable of those particulars which are to follow I chose rather to pursue that purpose by way of declaration My scope and project to lay before your Lordship such reasons which may encite you to make use of that favour which most worthily you have attainâ—…d to with his Majesty in the reduction of this Isle of Guernzey to that antient order by which it â—…ormerly was guided and wherein it held most conformity with the Church of England Bâ—…e I enter on with argument I shall remove a doubt which might be raised about this businesse as viz. For what cause his late most excellent Mâ—…jesty proceeded to this alteration in one Island not in both and being resolved to try his forces on the one only why he should rather fort out Jarâ—…ey A doubt without great difficulty to be cleared For had his Majesty attempted both at once the Ministers of bâ—…th Islands had then communicated counsels banded themselves in a league and by a mutuall encouragement continued more peremptory to their old Mumpsimus It is an antient principle in the arts of Empire Divide impera and well noted by the State-hâ—…storian that nothing more advantaged the affaires of Rome in Britaine then that the natives never met together to reason of the common danger Ita dum singuli pugnabant universi vincebantur And on the other side his Majesty foresaw for certain that if one Island once were taken off the other might with greater ease be perswâ—…d to conforme Being resolved then to attempt them single there was good reason why he should begin with jaâ—…ey first as unto which he was to send a new Governour not yet â—…ged unto a party and pliable to his instructions Whereas Sir Tho. Leighton still continued in his charge at Guernzey who having had so main a hand in the introduction of the Platforme could not be brought with any stomach to intend an alteration of his own counsels But not to lose my self in the search of Princes counsels which commonly are too far removed from vulgar eyes let us content our selves with knowing the event which was that by his means the Isle of Jarsey was reduced unto a Discipline conformable to that of England and thereby an easie way for the reforming also that in Guernzey For the accomplishment of which designe may it please your Lordship to take notice of these reasons following by which it is within my hopes your Lordship possibly may be perswaded to deal in it A Jove principium And here as in a Christian duty I am bound I propose unto your Lordship in the first place the honour which will 〈◊〉 unto the Lord in this particular by the restoring of a Discipline unto the smallest 〈◊〉 of his Church which you 〈◊〉 your â—…lt to be most 〈◊〉 to his holy word and to the practice of those blessed spirits the 〈◊〉 For why may not I say unto your Lordship as Mardâ—…aeus once to Hester though the case be somewhat different Who 〈◊〉 whether you be câ—…me unto these dignities for such a time as this And why may it not be said of you even in the application unto this particular designment That unto wâ—…m so much is given of him also shall much be required Private exployts and undertakings are expected even from private persons But God hath raised up you to publick honours and therefore looks that you should honour him in the advancement and undertaking of such counsels as may concern his Church in publick And certainly if as I verily perswade my self your counsels tend unto the peace
Soveraign authority allowed and licensed though in other places yet in the same dominions And on the other side your Lordship may conceive how just a cause of discontent and of repining it may be to those of Jarsey when they shall dayly hear it thundred from the Coasts of France that faintly they have sold themselves to bondage whereas the faithfull zelots in the Isle of Guernzey doe still preserve themselves in liberty Vel neutrum flammis ure vel ure duos as the Lover in Ausonius From my first rank of motives here presented to your Lordship which I may most properly call motives necessary and in respect unto the cause I come next to those of an other quality which I call motives of conveniency and in râ—…lation to the time For questionlesse the time is at this present more convenient for the accomplishment of this work then ever we may hope to see hereafter whether we consider it in reference unto our Kingdome or to the Discipline it self or to the Governour or to the people of both sorts the Clergy and the Magistrates For first there is at this instant an established peace between it and France concluded on while we were in these Islands and published immediately on our coming home which Realm only carryeth a covetous and waâ—…ull eye upon those Islands Were it between us as it lately was nothing but wars and depredations the alteration then perhaps might be unsafe it being alwayes dangerous to discontent or charge that Nation upon whose loyalty we must rely Nor can I tell unto what desperate and undutifull practises the furious heat of some few Preachers may possibly excite a multitude when come the worst that can there is an enemy at hand that will subscribe to any articles But now t is peace and how long peace will hold is not easie to determine depending as it doth upon the will and pleasure of another If in the second place we look upon the Discipline it self we shall find it well prepared and ready for a change For whereas it is ordered in their Canons if I so 〈◊〉 call the 〈◊〉 â—…hat the errours of the Consistory shall be corrected by the Colloquie those of the Colloquie by the Synod by the departure of Jarsey from them they have no way of further Synods and therefore no redresse of grivances So then either the sentence of the Colloquie must be unalterable which is expresly contrary to the platforme or else there must be granted some other jurisdiction to have power above them whereby their censures may be moderated The first of these would estate their Colloquies in a tyranny more prevalent and binding then the chair of Rome so much complained of The other openeth a way for the entrance of Episcopall authority for the admission of Appeals for the directions of their proceedings Add hereunto that at this time they have a noble Governour no friend I am assured to any of that party and such a one which gladly would resign those rights of old belonging to the Deanry when ever it shall please his Majesty to restore that dignity unto the Island A Peer so perfectly known unto your Lordship and to all the Kingdom that I need not say more of him then that which once Velleius did of Junius Blâ—…sus Vir nesâ—…ias an utilior Castriâ—… vel melior toga It were a matter of no ordinary study to determine whether he be more able in the Campe or Senate But in alterations such as these the fancy and affection of the people is principally to be attended as those whom such mutations most properly concern wherein I find all things made ready to your Lordships hand if you vouchsafe to set it forwards The Magistrates and more understanding people of the Isle offended with the severe and unsociable carriage of the Consistories especially of late since the unlimited Empire of the Colloquie hath made that government unsufferable Before they had enough to keep themselves from censure and their houses from the diligence of Consistoriall spies when yet there was an higher Court wherein there was some hope of remedy But there being none to appeal from in the Consistory but those which wil condemn them in the Colloquie they undergo the yoak with much clamour but with more stomach A stomach which estsoones they spare not to disgorge upon them as often viz. as they come within the compasse of their Courts either in way of punishment or censure On the other side the Ministers exclaime against the Magistrates as presuming too far above their latchet pretending that by them their Discipline hath been infringed their priviledges violated and their Ministery interrupted Matters that have not been repiâ—…ed at only in a corner but publickly presented as on the Theater and complained of to their Governours For at my Lord of Danbies being there they articled against the Magistrates for invading the Ecclesiasticall jurisaiction as viz. that they take upon them to dissolve contracts made in the presence of the Minister and with an invocation of the name of God which in judgment of the Discipline Chap. 12. 1. are undissoluble That they had intermedled with the administration of holy Baptisme a duty meerly spirituall That they had seised upon the treasures of the Church in some places and disposed of them at their pleasure That they had caused the Ministers to be imprisoned and there 〈◊〉 〈◊〉 a long time to their great discomfort an 〈◊〉 〈◊〉 their 〈◊〉 And lastly that they had depriâ—… 〈◊〉 〈◊〉 berty of Natives in denying them their 〈◊〉 〈◊〉 〈◊〉 on of the Curates Other grievances there 〈◊〉 〈◊〉 the principall True it is that upon due 〈◊〉 〈◊〉 particulars it did appear that the Magistrates had more reason in their actions then the Ministers in their complaints But not having been accustomed to the like usage they do esteem it a thraldome so incompetent and unsupportable that I perswade my self they sooner would resolve to yeeld to any course then have their doings crost by that tribunall Sure I am when they found so small redresse for these as they conceived great oppressions they made petition to his Lordship to bethink himself on some other way for their relief and laboured to procure me to be their Mediator to his Lordship in it These circumstances also happily concurring portend in my opinion as great an alteration in this state Ecclesiasticall as the conjunction of some powerfull Planets doth sometimes upon the â—…emporall And if your Lordship should be wanting now unto present opportunity it may be such a confluence of preparatives and helps may hardly be met withall hereafter Presuming therefore that your Lordship will not neglect the advantage offered I should next proceed unto those means which might best be used in the effecting of this work but what were this but to read a lecture of the wars to Hannibal to play a part on the Stage in the sight of Rosâ—…ius For whether your Lordship shall think most fit to