were no difficult Task to shew and were worthy the Observation of any Historian that would give a true Account of the continuance and increase of our deplorable Divisions And as we dislike this Notion the more when we consider the purposes and designs for which 't is calculated so we have this Argument to urge why it should be disown'd viz. Because it plainly sets up a Foreign Jurisdiction against which the Nation is solemnly sworn The second Canon excommunicates ipso facto all Impugners of the King's Supremacy Agâ—inst which we think there is nothing can be objected but the fault common to it with the 10 following Canons viz. Excommunicating ipso facto Of which more under these following Canons Can. 3. Whosoever shall hereafter affirm That the Church of England by Law established under the King's Majesty is not a true and Apostolical Church teaching and maintaining the Doctrine of the Apostles Let him be excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and publick Revocation of such his wicked Error Can. 4. Whosoever shall hereafter affirm That the Form of God's Worship in the Church of England established by Law and contained in the Book of Common-Prayer and Administration of Sacraments is a corrupt superstitious or unlawful Worship of God or contains any thing in it repugnant to the Scriptures Let him be excommunicated ipso facto Can. 5. Whosoever shall hereafter affirm That any of the 39 Articles agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562 c. are in any part superstitious or erroneous or such as he may not with a good Conscience subscribe unto Let him be excommunicate ipso facto Can. 6. Whosoever shall hereafter affirm That the Rites and Ceremonies of the Church of England by Law establish'd are Wicked Antichristian or Superstitious or such as being commanded by lawful Authority men who are zealously and godly affected may not with any good Conscience approve 'em use 'em or as occasion requires subscribe to 'em Let him be excommunicate ipso facto Can. 7. Whosoever shall hereafter affirm That the Government of the Church of England under His Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or repugnant to the Word of God Let him be excommunicate c. Can. 8. Whosoever shall hereafter affirm or teach That the form and manner of making and consecrating Bishops Priests and Deacons contains any thing in it repugnant to the Word of God or that they who are made Bishops c. Let him be excommunicate ipso facto Can. 9. Whosoever shall hereafter separate themselves from the Communion of Saints as 't is approved by the Apostles Rules in the Church of England and combine themselves together in a new Brotherhood c. Let him be excommunicate ipso facto Can. 10. Whosoever shall hereafter affirm That such Ministers as refuse to subscribe to the form and manner of God's Worship in the Church of England prescribed in the Communion-book may truly take to 'em the Name of another Church not established by Law and dare presumâ— to publish it That this their pretended Church has of long time groan'd under the burden of certain grievances imposed upon it and upon the Members thereof before mentioned by the Church of England and the Orders and Constitutions therein by Law established Let him be excommunicate ipso facto Can. 11. Whosoever shall hereafter affirm or maintain That there are within this Realm other Meetings Assemblies or Congregations of the King 's born Subjects than such as by the Laws of this Land are held and allowed which may rightly challenge to themselves the Name of true and lawful Churches Let him be excommunicate c. Can. 12. Whosoever shall hereafter affirm That 't is lawful for any sort of Ministers or Lay-persons or either of them to join together and make Rules Orders or Constitutions in Causes Ecclesiastical without the King's Authority and shall submit themselves to be ruled and governed by them Let him be excommunicate ipso facto To these may be added Can. 139. Whosoever shall hereafter affirm That the Sacred Synod of this Nation in the Name of Christ and by the King's Authority assembled is not the true Church of England by representation Let him be excommunicate c. Can. 140. Whosoever shall hereafter affirm That no manner of person either of the Clergy or Laity not being themselves particularly assembled in the said Sacred Synod are to be subject to the Decrees thereof in Causes Ecclesiastical made and ratified by the King's Majesty's Supreme Authority as not having given their voices to them Let him be excommunicate c. Can. 141. Whosoever shall hereafter affirm That the Sacred Synod assembled as aforesaid was a Company of such persons as did conspire together against godly and religious Professors of the Gospel and that therefore both They and their Proceedings in making of Canons and Constitutions in Causes Ecclesiastical by the King's Authority as aforesaid ought to be despised and contemned the same being ratified by the same Regal Power Let him be excommunicate c. We have often heard our Clergy mention among many other Excellencies of our Church her admirable Charity towards those that differ from her and we have hitherto taken it for one of her just Characters For tho those that dissent from us would frequently object the Severity of the Penal Laws and the rigor with which they have sometimes been Executed as if such heavy Fines and long Imprisonments look'd but like a cold and frozen sort of Charity yet we thought it a sufficient Answer That our Church did not Countenance any of these Severities by her Doctrine And therefore how active soever some of our fiery Zealots who were the Tools of another Party might be in urging the Execution of them this was their personal Fault and nor justly imputable to the Church her self Tho by the way we cannot think it so ingenuous in some of our Clergy to throw all the blame of those severe Laws on the Parliament that Enacted them which many of themselves were but too earnest and importunate Sollicitors of But we are extreamly surprized to read the foregoing Canons and when we hear them objected as an Evidence of the Uncharitableness of our Doctrine it self We are at a great loss what to say in defence of it for we plainly perceive by them that the Practice of our most violent Bigots in the Execution of the Penal Laws has been as much more Charitable than these Canons of our Church as 't is more merciful to send the Bodies of Men into the Custody of the Jailor than to consign their Souls into the Paws of the Devil Nay 't is well that Writs de Excom Cap. have not been issued out against all whom these Canons Excommunicate For if they had the whole Race of Dissenters had long
stile them our most Religious and Gracious ones and that in the Church too don't look like that Reverence we have been taught to bear towards Crowned Heads True indeed the Israelites once did pronounce several of these Curses on Mount Ebal with an Amen but this was by virtue of an express Command from God and this might be suitable enough to a Legal Spirit to the rough and sowre dispensation of the Law but not to the calm kind and peaceable Institution of the Gospel which is soft and gentle as the wings of that Dove that lighted on the head of him who was the Author of it Having consider'd the Liturgy we proceed to take notice of those Rites and Ceremonies of our Worship which His Majesty hath join'd with it and concerning which he says That being things in their own nature indifferent and alterable and so acknowledged it is but reasonable that upon weighty and important Considerations c. Now it being confess'd on all hands that they are things alterable and indifferent in their own nature we are all of us of the mind that many unanswerable Reasons may be urg'd for their utter removal and their being totally laid aside such as are the dangers and hazards to which they have already expos'd our Church the fatal Divisions the unnatural and implacable animosities they have occasioned and continue to foment the obligations that we lie under from the Commands and Examples of Christ and his Apostles to yield in things of so small moment to the invincible scruples and the earnest importunities of our weaker Brethren as well as many others that have been alledged and inforced by many Learned Pens We cannot tell how to excuse the conduct of those persons who notwithstanding all the respect they owe to a Gracious Prince their Duties to God and their scrupulous fellow-Christians will evidently lay open both the Church and State to an unavoidable Ruin rather than depart from the Imposition and Use of such Rites no more than we could have justified St. John the Baptist if he had fallen a Sacrifice to the fury of Herod meerly because he would not administer Baptism without his Raiment of Camelâ— hâ—ir and his leathern Girdle We cannot blame the Piety and Wisdom of our first Reformers who introduced and continued these to avoid throwing the Nation that was then over-run with Superstition into great and deadly Convulsions but since these reasons are now ceas'd and very dismal inconveniences do attend their present use we do think it better to throw them by than retain them It was necessary that when our Church first rose out of the Superstition Darkness and Idolatry in which she had been so long buried she should like Lazarus have some of the Grave-cloaths about her but if out of some odd Humour she should resolve still to wear them she would appear not only unlovely but ridiculous But lest we should seem to push this matter too far we shall only say That it is highly requisite that the use of them should be left indifferent that a strict Uniformity in these Rites is no longer necessary provided there be an Agreement in all the Essentials of her Doctrine and Worship and there are many Grounds that move us to insist on this viz. that they are but trivial things and of no moment that they neither add any real Decency and Beauty to our Worship nor render it more acceptable and pleasing to God besides there are many Persons in our Communion who are weary of them and many others who frequent our Churches that do either despise or smile at our rigorous insisting upon them P. 20. 22. for as the Letter concerning the Convocation well says The number of those who are addicted to them is not very great and the greatest part of the Nation are such as are not over-zealous and fond of them but might by the Method we offer be more firmly fixed to us There is a Body of Men who are still among us and attend in our Churches and at our Sacraments who do think our present Contests about these matters to be much like that which we about London saw managed between the Ladies and the Mobile about Top-knots the Rabble design'd to force them to lay them aside by Ballads Pictures and insolent Jeers but that Sâ—x which uses to conquer by their Charms got the Victory now by Obstinacy and Resolution and the poor Top-knots have outlived their fury While we saw no prejudices arise to the Nation this afforded us a pleasant diversion but had the dispute run so high as to endanger an universal Mutiny and Insurrection we should have commended that Sex if they had prudently thrown them off and quitted the Field We do therefore judge That such things as these should no longer be imposed as terms of our Communion and such as will not submit to them may be esteemed as genuine Sons of our Church as those that do that this is a Season wherein these latter should be allowed as free an access to our Altars and Fonts as the other and that it is a condescention which we owe not only to our Blessed Saviour and those weak Disciples which he hath so tender a concern for but to the Safety and Honour of our Church as well as her present Constitution Of the Canons SInce the consideration of the greatest part of 'em will fall under the following Heads in His Majesty's Commission we shall confine these Remarks to a few of 'em that cannot be so conveniently rang'd under those Particulars The first Canon enjoins the maintaining the King's Supremacy over the Church of England in Causes Ecclesiastical Can. 1. And as that Canon declares all Foreign Power forasmuch as the same has no establishment by the Law of God to be justly taken away and abolish'd so that Doctrine should in all reason be disown'd and censur'd which so many Divines of our Church have endeavoured to defâ—nd and propagate in their publick Writings viz. That the Church Vniversal ought to be governed by the Decrees of General Councils and during the interval of such Councils the only way of Concord is to obey the Governing Part of the Universal Church viz. All the Bishops in one Regent College governing the whole Christian World per literas formatas Especially when on pretence of the easier Execution of these Universal Laws some of 'em have been so liberal to his Holiness as to assign that Province to him of Patriarch of the West and the Centre of Unity to this part of the Catholick Church And how much all the fierceness of Archbishops Laud and Bramhall Dr. Heylin Bishops Morley Gunning and Sparrow Dr. Saywell Mr. Dodwell c. against all Dissenters at home and their strange chilness to the Reformed Churches abroad is owing to a miserable fondness for this Notion as the hopeful ground of a Reconciliation between the Church of England and the French Church that has cast off the Papal Infallibility it
serve Almighty God in this Office to the glory of his name and the edifying and well-governing of his Church And further That they may be not only evermore ready to spread abroad the Gospel but also use the Authority given them not to destruction but to salvation And doth not the Bishop solemnly promise to correct and punish according to such Authority as he hath by Gods Word as well as to such as shall be committed to him by the Ordinance of this Realm And the Archbishop charges him when he delivers him the Bible not only to take heed to Doctrine but how he ministers Discipline too We can't think after all this that they do voluntarily neglect so essential a Branch of their Episcopal Office as Governing the Church Ruling and Discipline is their Duty according to Gods Word and if any Ordinance of this Realm hinder them from the discharge of a Duty Gods Word hath laid on them we think if they should patiently bear it they would give but a sad Account in that day when the Great Bishop shall appear when Pulton's or Keeble's Statutes are none of those Books that shall then be open'd We are sure that this Work is a thing of the highest Trust and Authority and wherein the greatest skill and tenderness is requisite and therefore we think it should be pâ—rsonally discharged and can't lawfully be deputed to another For as the Lord Bacon hath observed we sâ—â—â—n all Laws in the world Offices of Confidence and Skill cannot be put 〈◊〉 or exercised by Deputy exceâ—t it be especially contained in the Original Grant Considerat for the better Establish of the Ch. of Engl. p. 10. never did any Chancellor of England or Judg in any Court make a Deputy Surely ab initio non fuit ita but 't is probable that Bishops when they gave themselves too much to the Glory of the World and became Grandees in Kiâ—gdoms and Great Councellors to Princes thâ—n did they deleaguâ— their propâ—r Jurisdiction as things of too inferior a Nature for their Greatness and then after the Similitude and Imitation of Kings and Counts Palatine they would have their Chancellors and Judges His Life p 92. T is saith Bishop Bedel in his Dâ—fence one of the most essential parts of a Bishop's Duty to govern his Flock and 〈◊〉 iâ—flict the Spiritual Censures on obstinate Offenders A Bishop can no more delegate this Power to a Lay-man than he can delegate a Power to Baptise or Ordain since Excommunication and other Censures are a suspendiâ—g the Rights of Baptism and Orders and therefore the judging of these things can belong only to him that had the Power to give them and the delegating that Power is a thing null of it sâ—lâ— It was ever looked on as a necessary part of the Bishop's Duty â—o Exâ—mine and Censure the Scandals of his Clergy aâ—â—â—aity in Ancient and Modern Times And much morâ— mâ—y bâ— found to the same purpose in hiâ— Life But if this Sacr d Work must be put off to othâ—rs P. 93. were it committed to thâ— hands of any of our Clergy though never so mean we coulâ— bear it out of that profound Reverence we have for thâ—iâ— Gown and Character as we d'off our Hats in a mean Countrey-Church that looks little better than a Pigeon-house as wâ—ll as in a Cathedral for the sake of that GOD to whom the One is Consecrated as well as the other But we have hardly any patience left us when we consider That the Clergy both Superiour and Inferiour stand for Cyphers and the whole Power of Excommunication is lodged in Lay-mens hands for such are their Chancellors Officials Commissâ—â—ies c. 'T is a greater piece of Sacrilege for these Thieves to steal and run away with the Keys of the Church than for any to carry off the Communion-Plate Godly Discipline being a much richer Treasure than a Golden Chalicâ— We justly deride the Presbyteriâ—ns for their compound Assemblies where the Minister and the Lay-Elder sit Cheek by Joul intermingled like a Man and a Woman at a Dutch Feast But that Hâ—tch-potch-Miscellany is more tolerable than this Constitution of Ours whereby the whole Clergy being excluded the Lay-Chancellor alone sits to remit sins or retain them Men that we are sure have no Commission from the Blessed Jesus or his Holy Apostles and have no Power to deliver any Souls up to Satan unless it be their own 'T is true indeed They have a Patent for it and that sometimes given to gratifie a Friend sometimes perhaps purchasâ—d with a round Sum of Money whereby the present Bishops pass away this their Power from Themselves and their Successors too and so they are rendred uncapable of correcting their Extravagancies and Corruptions even though they are committed in their Names and by virtue of an Authority derived from them whereupon our Reverend Fathers bear the blame and these Varlets reap the advantage of their unjust Proceedings Nay to that degree of insolence do they proceed as sometimes to hector them if they offer but to interpose to stop or to rectify any of their Illegal and Oppressive Acts. Of this we have an instance given us by the Author of the Naked Truth I don't mean the blustring Hickeringill but as is commonly beliâ—ved P. 64. a grave and excellent Prelate of our Church I remember saith he when the Bishop of Wells hearing of a Cause corruptly managed and coming into the Court to rectifie it the Chancellor Dr. Duke fairly and mannerly bid him be gone for he had no Power there to act any thing and therewithal pulls out his Patent sealed by the Bishop's Predâ—cessor which like Perseus's Shield with the Gorgon's Head frighted the poor Bishop out of the Court. Bishop Bedel's Life by Doctor Burnet p. 88 89. Another remarkable Story of this nature we have in the Life of Bishop Bedel He saw and his Soul was grieved at the bare-faced Extortions and Briberies and Commutations of Penance and Vexatious Suits c. in the Chancellor that had bought his Place from his Predecessor and the prostitution of Excommunications in a sordid and base manner To correct these abuses he goes and with a competent number of his Clergy sits and hears Causes and gives Sentence But his Lay-Chancellor brought a Suit against him in Chancery for invading his Office and tho the other Bishops stood by him saying They were but half Bishops till they recover'd their Authority out of the hands of their Chancellors and though his Chancellor's Patent were a formless Chaos of Authority conferr'd on him against all reason and equity wherein was false Latin nonsâ—nse injustice prejudice to the Chapter contrariety to it self and the King 's Grant to the Bishop P. 102. and the Seal hanging to it none of the Bishop his Predecessor's Seal yet the Chancellor's Right was confirm'd and there was given him an Hundred Pound costs of the Bishop and great endeavours were used to possess Archbishop Vsher
the Court the Trouble of dancing Attendance on it and by and by out comes the two-handled Rod and Blood-Pail to fright the stubborn Children into Obedience And these Fees of the Court sometimes are very terrible things and touch a Man to the quick As the Reckoning is enflamed by a roguish Vintner when his Guests are so with liberal drinking by scoring up two Bottles for one at the Bar so they know how to take the advantage of the Ignorance of those they have got into their Clutches and top upon them double the Rates of what is by Law allowed I find one of themselves confessing this in sundry Instances in the Courts of the Arch-Bishop of York as to Testamentary Matters and acknowledging the same in general as to other Fees for Copies of Acts Depositions of Witnesses Fees to Apparitors H. Conset Practice of Ecclesiastical Courts p. 422 3. c. Take one Instance To a Judg for an Administration where the Estate is above 40 l. 7. s. 6 d. which advance from 2 s. 6 d. for that was the old Price according to the Table allowed of in 13 Eliz. ' was as I have heard saith he in compassion to one of the Commissioners of the late Arch-Bishop's his necessitous Condition agreed by all the Proctors and other Officers to be imposed on the Country Whether this Commissary be dead or no I know not but till the Year 1685. this way of raising Mony on the Country without Act of Parliament did continue in this and in many other Instances there enumerated by him and I suppose doth so still By the same reason that the French King imposes Taxes on his Slaves because he had Authority given him once to do it in Cases of Necessity while the Kingdom was in a Flame And tho he had a Law to do so for the present which these Harpies never had yet the forementioned Author gives a substantial Reason for the thing that may supply the place of it For Id. ibid. saith he speaking of the Registers the Reason of Augmentation to them is because they pay great Fines to the Arch-Bishops for their Places and he that buys the Devil must sell him and do again let them for Term of Years to Deputies for great Fines which Deputies have no way to raise their Monies but by this manner of advance or exaction upon the Country Now I think the same Argument is altogether as strong for the Surrogate who is the Chancellor's Deputy for Chancellors and Officials have learnt the Art of making their Places Sine-Cures committing them to the management of those Journy-men who are many times wretchedly ignorant and so are often imposed on by the inferiour Officers by whose direction all Matters are dispatched as the Clerk manages the Justice and they to be sure will turn the Water into such a Channel that it may most effectually drive their own Mills But supposing none of these Blunders or Knaveries be committed let 's a little examine the regular and ordinary Proceedings And in order thereunto we must consider there are two sorts of Causes Plenary i. e. such as require a solemn Order and Method and Summary where that being waved a Proceeding by a shorter Cut will serve the turn Now what Causes in particular fall under each of these Heads is kept very dubious for a very profitable Reason Conset p. 22 3. viz. this Tho the Cause be summary yet you may proceed plenarily and 't is the more valid and the Officers of the Court can the better lick their Fingers But if the Cause should be judg'd to be a plenary one and you should proceed summarily then all the Proceedings are immediately null you lose your Charges and the Proctor gets and the Pidgeon-House of Cards being pulled down the Child must begin all again Now in plenary Causes out goes a Citation either general or special obtained by the Plaintiff his Sollicitor or Proctor drawn by the Proctor Sollicitor or Apparitor in writing and sealed by the Judg. Then the Mandatory or the Plaintiff certifies the manner in which the Defendant was cited that so the Plaintiff's Proctor may draw an Authentical Certificate thereupon to which an Authentick Seal is put at the special instigation and request of the Mandatory Then you must have a Proctor either general or special to manage the Cause For no Citation tho executed can be brought into Court but by him he must be constituted by a Proxy i. e. by a Power or Mandate given to the Proctor by his Client to appear and transact for him or before a Notary publick with Witnesses and this authentically sealed too And the Election of your Proctor must be inserted in the Acts of the Court if he die after the Suit is contested the Mandate is absolutely revoked Then supposing they have not got you on the hip for some Error as yet however there be abundance of Blots yet to be hit Many Exceptions may be brought in peremptory ones either simply such or defensive or dilatory ones and these are twofold Dilatoria Solutionis where perhaps the Party alledges the paiment or satisfaction of what is sued for and Declinatoria Judicii for declining the Cause either by excepting against the Judg by Recusation Provocation c. or by reason of the Plaintiff or the Arbitrators or Proctor Advocate Libel Witnesses Interrogatories Publick Instruments Positions Sentence c. Besides these there are two Squadrons more of Exceptions Mediae or mixt Ones and Anomalae or irregular Ones each of which have their proper Seasons of being urged And these must be drawn in writing and some Body must pay for all this For 't is Mony makes these Beasts to go without which they will not stir a soot What we have hitherto spoken of is common to all Causes whether Plenary or Summary What we shall further add and there is much behind agrees in its whole Latitude to the former sort of them Suppose then that hitherto we be clear of all Rocks then comes the Libel but it must be subscribed by an Advocate and possibly you may wait a little for it till next Court-day This being at last given into Court it often happens that it must be amended or alter'd in many Cases too tedious to reckon up And you can't have any thing done to an old pair of Clothes but you shall find an Item for it in a Taylor 's Bill Then follows the contesting the Suit By this time the Defendant is called upon to put in his Answer and unless he confess the Fact either in part or in the whole as 't is laid and so casts himself on the Mercy of the Court which is contesting Suit Affirmatively he must protest by his Proctor against the generality ineptitude obscurity or undue specification of the Libel and that the things contained in it are not true and therefore what is contained in it ought not to be granted And this is contesting Negatively Then the Plaintiff alledges