License from the Bishop under his hand and seal appoint or keep fasts or be present at them either publiquely or in any private Houses other then such as by Law are or by publique Authority shall be appointed he shall for the first offence be suspended for the second excommunicated and for the third deposed from the Ministry Lastly the 73. Canon excommunicateth ipso facto all Ministers and others meeting in any private house or elsewhere * What if in Parliament or in Convocation to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeaching or depraving of the Doctrine of the Church of England or of the Book of Common-prayer or of any part of the discipline now established What is that Now this sentence of Excommunication being to be pronounced by a Minister onely and after to be publiquely denounced by other Ministers and the persons excommunicated upon the 2 3 4 5 9 and 11th Canons not to be restored but by the Archbishop and every such person not restored is liable to the Writ De excommunicato capiendo or else the excommunication signifies nothing we appeal to all whether these Canons if executed be not against the Stat. of 5. Eliz. 23. which Enacteth that if in the Significavit of the Ordinary for obtaining a Writ de excom capiend it be not contained that the excommunication doth proceed upon some cause or contempt of some original matter of Heresie or refusing to have his or their child baptized or to receive the holy Communion as it is now commonly used to be received in the Church of England or to come to Divine-service now commonly used in the said Church of England or Errour in matters of Religion or Doctrine now received or allowed in the Church of England Incontinency Vsury Simony Perjury in the Ecclesiastical Court or Idolatry Then all such Writs and Significavits to be void in Law And whether such Ministers as in Court or in Churches pronounce or publish such excommunications or for non-appearance non-payment of Fees c. too too commonly practiced in those late Courts be not liable to be punished by an Action at Law for doing such illegal Acts as are not justifiable by the Laws of the Land Or if such a Writ will lye against any man for Heresie not declared such by Parliament according to 1. Eliz. 1. for not receiving the Communion kneeling or for not coming to the Common-prayer as now used it being already made out that it is not established by Law or for dissenting from any of the Articles of Religion of An. 1562. when it hath been shewed that some of them are doubtful some defective and disagreeing from one another c. is it not high time to Reform these things especially when by the Canons not kneeling not coming to Common-prayer are declared to be Schism and any dissent from those Articles being adjudged errour in doctrine the party shall be punished with excommunication yea with imprisonment by Writ out of Chancery and not be absolved but by the Archbishop Can. 5. nor by him till he shall have repented and openly revoked that his dissent as a wicked errour how just and necessary soever such dissent was Again the 14th Canon appoints Divine service to be said not only on the Holy-days appointed by the Book of Common-prayer but on their Eves Which observation of Eves is taken away by the Books of Common-prayer and so this Canon is herein contrary to the Act of 1. Eliz. 2. Moreover the same Canon enjoyneth Ministers to observe the Orders Rites and Ceremonies prescribed in the Book of Common-prayer which by referring to these in 2. Edw. 6. admits of a Surplice only so doth that of 5.6 Edw. 6. yet this enterferes with the 58. Canon of which before And whereas that 14th Canon forbids diminishing any part of Common-prayer in regard of preaching or in any other respect or adding any thing in the matter or form thereof the Book of Common-prayer it self doth warrant us to diminish that is to omit all that men now call the second Service when there is no Communion as hath been also shewed The 17th Canon enjoyneth all Fellows Scholars and Students though Boys as well as Masters of Colleges and Halls upon Sundays Holy-days and their Eves to wear Surplices at Divine service pretending for it the Order of the Church of England and Graduates to wear the Hoods of their degrees Whereas the Order in the Liturgy enjoyns Surplices only to Ministers in the times of their Ministration not to others And this of Boys wearing Surplices doth countenance that fond conceit so much cryed up in Popery that all once entred into Colleges ought to receive primam tonsuram and therefore to wear Surplices * Ham. le Strange in Affin of Div. Serv. The 24 Canon enjoyneth Copes which are forbidden in the Rubrick before Common-prayer in 5.6 Edw. 6. of which before The 27th Canon requireth Ministers not to administer the Communion to any but such as kneel under pain of Suspension whereas we have before demonstrated out of 2. Edw. 6. that kneeling is left arbitrary And if any person not kneeling be refused the Communion with what justice can he be punished with Excommunication which may end in imprisonment upon a Writ De excom cap. by vertue of the forementioned Statute of 5. Eliz. 23. even when he desireth to communicate with that Liberty in gesture which the Law alloweth him Yet both Minister Church-Wardens and Quest-men the Office and duty of which last in Ecclesiasticals we know not must take notice whether every Parishioner come so often to the Communion as the Law requireth Can. 28. which if he do not he is to be presented c. which makes way to Excommunication and imprisonment as aforesaid albeit it be not his fault that he received not unless it be an offence to claim and make use of the liberty which the Law affordeth him The Explanation of the lawful use of the Cross in Baptism undertaken in Can. 30. is very defective for whereas it undertakes to remove all scruples of Conscience therein it produceth not one Scripture nor Father to that end but only indefinitely talks of both which without better arguments and more distinct proofs can never in common reason quiet much less satisfie any mans Conscience that maketh scruple thereof Nor can we submit thereto till we see it proved as well as affirmed The 31. Canon forbiddeth the making of any Deacons or Ministers save only on the four Sundays after the Ember-Weeks appointed for prayer and fasting and so continued in England by what Law when the Stat. of 5.6 Edw. 6.3 declares the contrary and this to be done in the Cathedral or parish-Parish-church where the Bishop resideth in presence not onely of the Archdeacon but of the Dean and two Prebendaries at least if not by any lawful cause let or hindred or of
to different places within the same Country It is answered that times and mens manners must produce a Change where ever a removal of those in being is necessary as appears by the Article And where things of this nature that at first were of godly intent and purpose devised but at length turned into vanity and superstition by the Preface touching Ceremonies before cited they are adjudged worthy to be cut away and clean rejected and so many of them have already been as was the Brasen Altar by Hezekiah And it further telleth us that as those be taken away which were most abused and burdened mens consciences without any cause so the other that remain may upon just causes be altered and changed So that here is nothing desired in the taking away the imposition yea all use of them but according to Law 4. The Book of Common-Prayer of 2 Edw. 6. is in some things referred to and particularly as to Ornaments and Rites both by the Rubrick before Morning-Prayer in the present Liturgy and by the Stat. of 1 Eliz. 2. So that as to this point so much of that first Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last Page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This is still good Law So that whatever is enjoyned in the Canons for the imposing this is void in Law by the Stat. of 25. H. 8.19 although made by the Kings Licence and Assent because contrary to that Law of 1 Eliz. 2. in this particular Now if the Law it self give a Liberty in some we trust that upon the foregoing Reasons our Law-givers will take off the imposition of the rest if not wholly remove them 5. The Bishops themselves take Liberty to omit one Ornament imposed on them to be used namely the Pastoral Staff which in the same place of the Book of 2. Edw. 6. he is enjoyned to have in his hand or to have it born by his Chaplain and this is not left Arbitrary as the Rites last before named are yet the Bishops herein can dispense for themselves is there not reason then to dispense with Ministers in the rest Having thus pleaded the necessity of Reformation in Rites and Ceremonies but especially of providing against the Imposition of any of them in general we shall not enter into any debate of the particulars for of that there is no need in this place But because we are subject to be upbraided that many of us have both subscribed to use all those contained in the Liturgy and some of us have accordingly used them and that therefore we are Revolters from our Subscription and thereby lyable to the penalty of Excommunication by the sixth Canon It behoves us to make this Apology for our selves 1. That albeit some of us have unadvisedly subscribed to use them and perhaps have used them sometimes yet finding that many sober Christians are scandalized at them we hold our selves bound to imitate the Apostle and what he did in the Case of meat which he held to be lawful we must do in the Case of Ceremonies to use them no more while the world standeth rather then make our brother to offend 2. As to the danger incurred thereby we must not so much stand upon that as to chuse iniquity rather then affliction 3. And as touching the validity and force of the Canon we fear it not it being void in Law of which we shall speak more under the head of Discipline IIII. Of CHURCH-GOVERNMENT BY Church-Government is meant the Ecclesiastcal Government of the Church of England said and commonly reputed to be established by the Laws of the Realm For however some have of late pretended to a Jus Divinum or Divine Institution of Episcopacy of late years used in England yet the Laws of the Kingdom would never own any such thing nor suffer them to exercise any power but what the Municipal Laws Authorize them unto Yea the Statute of Provisors 25th of Edw. 3. An. 1350. Declareth plainly that Prelacy it self was erected in England by the Kings of England and not by any other Authority For that Statute begins thus Whereas late in the Parliament of good memory of Edward King of England Grandfather to our Lord the King that now is the five and twentieth year of his Reign holden at Carlile the Petition heard put before the said Grandfather and his Counsel in his said Parliament by the Comminalty of the said Realm containing That whereas the Holy Church of England was FOUNDED IN THE ESTATE OF PRELACIE within the Realm of England by the said Grandfather and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people of the Law of God c. Therefore we cannot look upon such Bishops in any other Capacity in England And according hereunto take notice under this Head of Church-government 1. Of their Constitution by Consecration 2. Of their Jurisdiction by Delegation of his Majesty according to his Laws 3. Of their Execution of Discipline accordingly By their Consecration they have a power of Ordination By their Jurisdiction they have a power to Govern And by their Execution of that Office they have a power of Discipline But all these according to the Laws of the Land and none other or otherwise We shall therefore speak somewhat to each of these and humbly offer Reasons of the necessity of reforming Episcopacy and Church-government in every one of these I. Of the Consecration of Bishops and their power of Ordination thereupon 1. BY the Laws of the Land after the death of any Bishop Dr. Heylin Advertisâ—oâ— Hist of K. Charles p. 193. his Majesty useth to send out his Writ of Conge d' Eslier to the Dean and Chapter to Elect another Which Election being made signified under the Chapter-Seal and confirmed by the Royal Assent the King sendeth out his Mandate to the Archbishop of the Province to proceed to Consecration of the person so elected or Confirmation if consecrated before and now but Translated from one See to another as the case may vary So is it acknowledged by one that takes on him to know more than many others of this particular But whereas he addeth that thereupon it must needs be that when the Church comes to such a condition that is to be without Archbishops and Deans and Chapters of both which the same Author saith the late King was content in the Confer at the Isle of Wight to grant an abolition that this was acknowledged on all sides that where there is no Dean and Chapter to Elect and no Archbishop to Consecrate and Confirm the Person
Order to have the sole power of Ordination which hath been proved not to be so It is requisite that herein also some Declaration be made to the contrary that we may not give offence to the Protestant Churches with whom we hold Communion nor admit of such an untruth among our selves to which all must subscribe 4. As for Consecrating of Archbishops and Bishops in which the same Scripture 1 Tim. 3. is read again that was used in Ordaining of Priests which sheweth that the Compilers of that Book never dreamt of a distinction of Orders between Bishops and Presbyters we onely say thus much That there being no warrant in Scripture for Archbishops but onely from the practice of after-times whereby they were by men onely called to that height we see no necessity of their Consecration no more doth our Church for that it makes the same Consecration which is for Bishops to serve for Archbishops Upon this account we see no reason why a solemn Oath of Canonical Obedience to the Archbishop should then be administred to every person that is to be Bishop The Exception against that Expression of the Archbishop in the act of Consecration of a Bishop Take the Holy Ghost being spoken to before here we onely make the same profession against it which there we did and so leave it and proceed to the next Head of Ecclesiastical Government which is Jurisdiction II. Of Ecclesiastical Jurisdiction IT hath been of late the claim of our Bishops to have in them the sole power of Jurisdiction in Causes Ecclesiastical which is now pleaded for so boldly and openly by their Advocates and such as asspire to the same Office and Dignity that it is now made though very groundlesly an Essential part of Episcopacy by Divine Right witness among other the Author of an Answer to a Letter sent to Doctor Turner to Oxford who alledgeth several Scriptures viz. 1 Tim. 5.19 Tit. 1.5 to prove that Ecclesiastical Jurisdiction is in Bishops onely To the same effect the Author of another Book intituled Church-Lands not to be sold So others But seeing Bishops can exercise no Jurisdiction in England but what is allowed by the Laws of the Land as we shall after make it manifest to every eye we shall not much trouble our selves at this time with their claim by Divine Right Howbeit lest they should think there is nothing to be said against it we desire it may be considered which is known to all that have seriously consulted Antiquity that in the Primitive Ages of the Church there was no Ecclesiastical Jurisdiction exercised but by the Bishops and their Consistory of Presbyters together Even in Rome it self there was even in Cyprians time a number of the Clergy who acted with the Bishop as well as elsewhere Thence grew by Corruption their Conclave of Cardinals And from the same Original here in England first Monks afterwards Deans and Chapters were joyned with the Bishops to assist both in Ordination and Jurisdiction although of late times they joyned with them in neither Such was the Pride of the one and the Idleness of the other Which last his late Majesty was content to part withal They being of no use but onely to confirm Grants of the Bishop as he confirmed theirs keeping sundry Benefices of Cure in their hands and seldome or never residing on them under pretence of residence near the Bishop whereas the Canons of 1603. require them to reside on their Benefices with Cure all but the space of one moneth in the year * Can. 44. unless he be a Dean Master Warden or chief Governour of a Cathedral or Church who by Can. 42. is to reside there ninety days Conjunctim or Divisim This is spoken not to justifie the Continuation of Deans and Chapters or to move for reducing them to the ancient course of corrupt times in making them alone to be the Adjutors of Bishops for Jurisdiction is as proper to all the Presbytery as to those Cathedral Presbyters But we urge it meerly and onely to demonstrate the falshood of that upstart Assertion that Bishops have sole power of Jurisdiction And that we may contract our selves within necessary brevity considering to whom we make our Address we shall give but one instance more and that shall be out of the Book of Ordination in the Ordering of Priests Where among other Questions propounded by the Bishop to him that is to be ordained Priest this is one Will you reverently obey your Ordinary and other chief Ministers unto whom the Government and Charge is committed over you following with a glad mind and will their godly Admonition and submitting your self to their godly Judgements To this each of them that are to be ordained answereth I will so do the Lord being my helper By this it is evident that more beside Bishops have power of Jurisdiction If it be said this may be meant of ARchdeacons Deans c. that have it under the Bishop what is this to the intituling of all Ministers thereunto It is answered out of the Rubrick before the Communion whereby every Curate is authorized to keep off from that Sacrament every open and notorious Liver by whom the Congregation is offended until he have openly declared himself to have truely repented and amended his former wicked life that the Congregation may thereby be satisfied Yea where he finds hatred and variance he is to suspend from the Sacrament the party refusing to be reconciled to the other and be content to forgive from the bottom of his heart all that the other hath transgressed against him and to make amends for that he himself hath offended What is this but as much and as high Jurisdiction as any Bishop can use in that particular If this suffice not take one passage more In the same Book of Ordination in the Ordering of Priests The Bishop asketh every person whom he ordaineth a Priest this Question Will you give your faithful diligence always so to minister the Doctrine and Sacraments and the DISCIPLINE of Christ as the Lord hath commanded and as this Realm hath received the same c. To which each Priest is to answer I will so do by the help of the Lord. What can be a more clear evidence of the intention of our Church in the first Reformation then to admit all Presbyters to have a share in Ecclesiastical Jurisdiction and in the Administration of it How long Bishops and others under them have had Ecclesiastical Consistories to exercise Ecclesiastical Jurisdiction to us is not certain Yet it appeareth by Sir Edw. Cook â— Instit ca. 53. p. 2259. that William the Conqueror was the first that by his Charter to the Dean and Chapter of Lincoln did prohibit Sheriffs in their Tourne Courts wherein before-time all Ecclesiastical matters were heard and determined to intermedle any more with Ecclesiastical Causes but leave them to the Bishops Thence some conclude that Bishops have held Courts ever since William 1. Others finding no
inrollment of that Charter until 2 Ric. 2. will not admit of so great Antiquity thereof And the same Sir Edw. Cook there alledgeth the Red Book of Hen. 1. De general Placitis Comitatuum Cap. 8. extant in the Office of the Kings Rememb in the Exchequer wherein in the Sheriffs Tourne Court is said Ibi agantur primo debita verè Christianitatis jura Secundo Regis placita postremo causae singulorum dignis satisfactionibus expleantur There let be handled first all due Laws of Christianity or Court-Christian Secondly Pleas of the King Lastly Causes of particular persons c. Whereupon they that is others conclude that Ecclesiastical causes were handled in the Tourn in H. 1. long after the said supposed Charter Then he addeth And certain it is the Bishops Consistories were erected and causes Ecclesiastical removed from the Tourn to the Consistory after the making of the said Red Book But let the Antiquity thereof be what it will it is most certain that however the Popes and their Agents did often intrude and usurp Authority within this Realm yet the King and Parliament ever held the Bishops and Clergy of England within the verge of the Laws of the Land never permitting them either by colour of Magna Charta or otherwise to exercise any Authority but with submission to the Municipal Laws So that whoever shall endeavour to put them into any further power in case they have a mind to restore them to former Jurisdictions doth put to his hand to make them so many Popes which this Realm even in times of Popish Religion here would never endure And whereas some are pleased to affirm that by the Statute of 25. Hen. 8. cap. 19. there was a stricter restraint laid upon the Bishops and Clergy than in the times before when they sate in Convocation viz. No Canons should be made and put in exercise that were contrariant or repugnant to the Laws of the Land it is manifest that the same limitation was long before set upon them For Sir Edw. Cook ibid cap. 74. pag. 323. saith That the King did often appoint Commissioners by Writ to sit with them at the Convecation and to have cognizance of such things as they meant to establish that nothing should be done in prejudice c. and for this he citeth 51. Ed. 3. nu 42.46 Edw. 3. prem 8.21 Ed. 4.45 Rot. Parl. 1 Ric. 2. nu 114. from which he concludeth that the Statute of 25. H. 8.19 is but Declaratory of the old Common Law And so strict were the Kings anciently over Bishops and Archbishops too that when the Clergy petitioned in Parliament 51. Edw. 3. 4 Instit ca. 74. of Archdeacons p. 339. num 83. that of every Consultation conditional the Ordinary may of himself take upon him the true understanding thereof and therein proceed accordingly that is without appeal to the King whereupon Delegates by Commission under the Great Seal might hear and determine the same The Kings answer was that the King cannot depart with his right but to yeeld to his Subjects according to Law To which Sir Edw. Cook subjoyns an Item to all his Readers Nota hoc stude bene Nay this is not all For so far did the Kings of England engage in the over-ruling of Bishops that they did not onely limit their Jurisdiction but allowed them not liberty to make a Will without licence from the King till they made composition with him as the same Author telleth us saying Ibid. p. 338 It appears by many Records in the reigns of H. 3. Edw. 1. as taking some one or two examples for many that by the Law and custome of England no Bishop could make his Will of his Goods or Chattels coming of his Bishoprick c. without the Kings licence The Bishops that they might freely make their Wills yeelded to give to the King after their deceases respectively for ever six things 1. Their best Horse or Palfrrce with Bridle and Saddle 2. A Cloke with a Cape 3. One Cup with a Cover 4. One Bason and Ewre 5. One Ring of Gold 6. His Kennel of Hounds For these a Writ issueth out of the Exchequer after the decease of every Bishop Whether this be still in use we meddle not but mention it onely to shew what a strict eye our Kings have ever had upon Bishops so as the Law allows them not power so much as of their own personal Estates much less of Ecclesiastical Jurisdiction without the King What power they had in the High Commission Court is needless to mention the Court being happily laid aside by the Statute of 17 Car. 1. cap. 11. But whereas they insisted upon sole Jurisdiction and now begin to exercise it or at least to renew their claim thereunto it is very well known that by the Statute of 1. Edw. 6.2 they could hold no Courts but in the Kings name nor that without Commission under the Great Seal which power was indeed revived and re-established by the Act of 1. Eliz. after it had been repealed 1. Mar. 2. Howbeit all that power is again repealed and made void for ever by the same Act of 17. Car. 1. and now no Commissions to be granted them any more To make this out we shall rehearse the words of both those Acts of Parliament which run thus 1. The Act of 1. Eliz. cap. 1. having first united and annexed all Spiritual and Ecclesiastical Jurisdiction to the Imperial Crown of this Kingdom it after addeth what power shall be given by Commission under the Great Seal to exercise the same in this following Clause onely viz. And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters patents under the Great Seal of England to assigne name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the Conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successours after
the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs or Successours to exercise use and execute all the premises according to the tenour and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This is one entire Clause of that Act nor is there any Branch or Clause in that whole Act that gives more or other Jurisdiction to Bishops or any other Ecclesiastical persons whatsoever 2. Now the Act of 17. Car. 1.11 having repeted this Clause at large addeth Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding This as we humbly conceive puts a period to all Ecclesiastical Jurisdiction of Bishops Deans and Chapters and Archdeacons whatsoever And even before that Act of 17. Car. 1. that Government which they exercised was without yea contrary to Law For whereas by the Statute of 1. Edw. 6.2 it was Enacted that all Summons and Citations or other process Ecclesiastical in all Suits and Causes c. should from the first day of July thence next following be made in the name and with the stile of the King as it is in Writs Original or Judicial at the Common Law And that the Teste thereof be in the name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and grant of the Ecclesiastical Authority immediately from the Kings Highness And that his Commissary Official or Substitute exercising jurisdiction under him shall put his name in the Citation or Process after the Teste And that they in all Seals of their Office shall have the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction c. upon pain of his Majesties displeasure and imprisonment during his Majesties pleasure * So also it is Enacted 1. Edw. 6.12 that they should make their Process and Writings in the Ks. name and not under their own names and that their Seals should be the Kings Arms. In which Act nevertheless they were allowed to use their own Seals in admission and ordering all their own Officers in all Certificates in all Collations Presentations Institutions and Inductions of Benefices Letters of Orders or Dimissories as formerly was accustomed But under colour of this last Toleration they have used their own Names and Seals onely in all Ecclesiastical Jurisdictions for many years last past without taking the least notice of King or Queen or taking any special Commission from them for ought hath appeared in any of their pretendedly juridical proceedings which are therefore apprehended to be all void in Law albeit they had obtained in secret Letters Patents so to act as they have done For that Statute being repealed in 1. Mar. 2. was again in general terms revived and re-established in 1. Eliz. 1. and never since made void And whereas our Bishops and Archbishops in England and Wales are in all but twenty six in number which being far too few to be able to execute the Office of Bishops as by the Word of God they are bound to do there was in the 26th year of Hen. 8. cap. 14. an Act of Parliament made for adding six and twenty Suffragan Bishops more unto them which that Statute saith hath been accustomed to be had in this Realm It was Enacted that Thâ—tford Ipswich Colchester Dover Gilford Southhampton Taunton Shaftsbury Molton Marleborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgwater Notingham Grantham Hull Huntington Cambridge and the Town of Pereth and Barwick St. Germans in Cornwal and the Isle of Wight shall be taken and accepted for Sees of Bishops Suffragans to be made in this Realm These to be chosen thus Every Archbishop and Bishop that would have Suffragans must for each place nominate two persons to the King whereof the King to chuse one and to give him the name title and dignity of Bishop of such of the Sees aforesaid as he should be nominated unto and he to be called Bishop Suffragan of that See And the King by his Letters Patents is to present him to the Archbishop of the Province where this Suffragan is to be requiring the Archbishop with two Bishops or Suffragans more to be procured by the Bishop that names him to Consecrate the said person to the same name title stile and dignity of Bishop as to the Office of a Bâ—shop Suffragan appertaineth and then to execute such power and authority as by the Archbishop or Bishop within whose Diocess he is to be he shall be Commissionated to do but no other under pain of a Premunire but not to partake any of the Profits of the Bishoprick of the Diocess But our Bishops like none of this although heretofore used which Act being repealed by Queen Mary was revived in 1. Eliz. 1. by name and is still in force Therefore in stead of twenty six Bishops to desire fifty two is no Puritanical request but a legal and just demand For there are so many allowed by Law already Yea if two hundred Bishops should be setled in England they would be too few to execute all the duties which by the Word are incumbent on a Bishop And verily we are perswaded in Conscience that this must be done if there be any due care of Souls by such as have power to do it if Episcopacy be again set up in England And we speak thus because we apprehend that by Act of Parliament all their power and jurisdiction is absolutely taken away and therefore by consequent the Office it self although the Ordinance of both Houses of Parliament of October 9. 1646. had never been For when their power of Jurisdiction is gone for ever what of the Office of a Bishop as such remaineth This was the sense of both Houses of Parliament as appears by that Ordinance which makes all their Grants since 17. Car. 1. to be null and void because their Office then expired If it shall be thought fit to set up Episcopacy again We most humbly pray that it may be no other but that Primitive Episcopacy agreeable to the Apostles rules in that form method and power mentioned in the Book of Reduction of Episcopacy composed and published in the year 1641. by Dr. James Vsher late Archbishop of Armagh always provided that there be such a competent number of Bishops set up as may be able faithfully and profitably to discharge the Office of
four other learned and grave Persons Masters of Art at the least and allowed for publique Preachers What Law for confining Ordination to four times a year If there be a Law do Bishops now observe it Is it not usual to ordain in other mens Diocesses which they can no more legally do then a Sheriff execute his Office when he is out of his County How often do Deans and Prebendaries assist at Ordinations And why must all other Assistants be Masters of Arts at least What Law or Rule for any of these things unless for being Assistants to and Co-ordainers with the Bishop which this Canon doth tacitely deny when it saith such and such shall be present but not a word of their Laying on of Hands according to the Book of Ordination And whereas by the 36th Canon Subscription is enjoyned to the Books of Common-prayer and of Ordination not only upon all Ordinations and Institutions to Benefices c. which by Can. 37. is required also of all Lecturers Catechists Readers yea by Can. 77. of all School-masters too unless to the last clause of Art 2. touching using the book of Common-prayer whereas the Statute of 13. Eliz. 12. requires no subscription but to the 39. Articles nor that save only of such as are to be instituted to a Benefice not at Ordination or at taking Licenses to Preach only The 38th Canon touching Revolters after Subscription hath been spoken to before The 40th Canon enjoyning an Oath against Simony is necessary yet against Law and particularly against the Petition of Right This therefore we say no more of but humbly pray such an Oath may be imposed by Law But whereas the 49th Canon prohibiteth Ministers not to expound Scripture c. if not Licensed by the Bishop this is expresly contrary to Law 8. Eliz. 1. which confirmeth the Book of Ordination in and by which every one ordained a Presbyter hath the Bible delivered into his hand by the Bishop with these Words Take thou Authority to preach the Word of God c. Yet must every such ordained Minister be compelled to be at the charge of taking out a further License from the same Bishop at the same time to preach in the same place or else not to perform that duty which he promised solemnly to the Bishop and by him was authorized to perform at his Ordination Nor may any Ministers be suffered by the 51. Canon to preach in any other Church without shewing such License although otherwise well known to be sufficiently authorized thereunto And whereas the 62. Canon alloweth Ministers to celebrate Matrimony between other persons without asking the Bannes in Churches if he have a License for doing of it from the Bishop Archdeacon or their Officicals this is expresly contradictory to the Book of Common-prayer Rubrick 1. before the form of Matrimony and so contrary to Law of 1. Eliz. 2. if that Book be confirmed thereby There be sundry other Exceptions justly to be taken to the Book of Canons as namely to such Ecclesiastical Offices besides Bishops and Presbyters as be admitted to bear a share in Ecclesiastical Jurisdiction albeit they be Lay-men while yet they abominate Lay-Elders in the Presbyterian Government beside many other all which we at present forbear not as approving of them but as hoping for a Reformation of that as well as of other things We therefore shall now only with all humility propound a few Queries very necessary as we conceive to be seriously considered 1 Quere Whether if there be any thing of substance altered in or added to the Articles of Religion or Books of Common-Prayer or Ordination and those Alterations or Additions not expresly mentioned and confirmed by Parliament this doth not make those Books to be void in Law if pleaded at Law The Grounds of this Quere are the Acts of 13. Eliz. 12. as touching the Articles that of 1. Eliz. 2. as to the Book of Common-prayer and the Statute of Eliz. 8.1 and of 5.6 Edw. 6.1 as to Ordination Which last named Act saith that the Books therein mentioned were annexed to the said Statute yet are they not to be found inrolled therewith no more is the other Book of Articles in 13. Eliz. inrolled with that Act. 2 Quere Whether the Statutes which are said to confirm any of the things named in the former Quere mentioning only the Titles but not reciting the matter of the Books themselves do make those Books or the things contained in them which have been several times altered although never so much as said to be inrolled nor found so to be do make those things to be established and good in Law because now commonly reputed received and generally used as ratified by Law The Ground of this Quere is that clause in 1. Eliz. 2. which after mentioning some Alterations but not particularly naming them in the Common-prayer-book prohibiteth all other Alterations saying And none other or otherwise 3 Quere If any man be indited or sued at Law upon the Statute of 1. Eliz. 2. for not reading of or coming to hear the Book of Common-prayer or upon the Stat. of 13. Eliz. 12. for not reading the Articles of 1562 and the Defendant plead Not guilty and deny these Books to be those confirmed by those Laws till the Plaintiff prove them to be of Record whether is not the Plaintiff bound to prove that and in the mean time the Defendant not punishable by those Statutes The Grounds of this Quere are first that there are no Records of these to be found secondly the Books have been several times altered since those Acts and thirdly many punished upon the said Acts because those Books have been generally received and used as established by Law 4 Quere Whether notwithstanding the Royal Licence before and Assent after any Canons made in Convocation be valid in Law before they be ratified by Act of Parliament as the Service-book and Articles of Religion were said to be and whether by consequent the Canons of 1603. be now binding The grounds hereof are first that all other Constitutions are or are reputed to be ratified in Parliament Secondly the Statute of 1. Eliz. 2. which gives power to the Queen her Heirs and Successours to grant Licence to Commissioners Bishops and others to exercise Ecclesiastical Jurisdiction when it speaks of withdrawing or altering any Rites and Ceremonies or adding new the power is there given to the Queen alone without mention of Heirs and Successours And when any thing is ordered or authorized by the King although under the Great Seal yet the enforcing thereof before ratification by Parliament is held to be contrary to the Petition of Right We shall now close up all with this humble Advertisement that whereas it is pleaded by some that Liturgies and among them the substance of ours are ancienter then the Popish Mass-Books by many hundreds of years whence they infer the weakness and folly of their Objections who say that all or most or any of the things contained in our Service-Book are taken out of the Mass-Book and so are Popish and upon that account would have them abolished and for that purpose produce some passages out of Ignatius Clem Alexandrinus Justin Martyr Tertullian Cyprian Chrysostome c. wherein sundry things in use among us are found mentioned in them and by some the Liturgy of St. James Peter c. are also urged although by many Learned men censured as supposititious Yet none of these Authors do mention any Publick Form the same for substance with ours although they speak of Publick Prayers made in the Congregation which none ever denyed Publick Prayer is one thing a Publick Form another Nor are we against all Liturgies but onely against that which is liable to such material Exceptions as necessitate us to desire a new Form And albeit some of the Rites and Ceremonies now in use may be mentioned in sundry of the Fathers within the first 600 years after Christ yet the mentioning of them is no evidence of the lawfulness of them or that they are not Popish although of latter times espoused by that Synagogue of Rome for as much as Popery was in the Egge and the mystery of iniquity began to work although under disguises and other names even in the time of St. Paul himself 2 Thes 2.7 Yea some of those very Fathers have sundry passages in them which condemn those very things which are now cryed up upon the very authority of their venerable names We shall for brevity give but one instance which every Reader may find in the Preface touching Ceremonies before the Book of Common-Prayer which albeit it hath been before alledged we here briefly touch upon again for better satisfaction of such as cannot consult the Author himself The particular mentioned in that Preface is a passage out of St. Augustine who was so far from approving such a number of Ceremonies yet not to be compared with the multitude in after-times that he complained that hereby Christians were in worse case then were the Jews and therefore counselled to take off that yoke and burden so soon as it might quietly be done And this was one of the Grounds and Reasons there alledged of the cutting off of so many superstitious Ceremonies in the first Reformation under that blessed King Edward the sixth which of late our Arminians and Grotian Divines and Prelates have sought to recal under the colour and guise of Antiquity for which they produce onely some bits and scraps of Fathers to prove their Antiquity but no solid Arguments to make out their lawfulness and conveniency and yet seek to impose them on those who hold themselves bound to hate the garments spotted with the flesh as well as the flesh that is the corruption it self We therefore conclude That it is not bare Antiquity but Divine Verity that must be the onely Rule and Standard of all Doctrine Worship Rites and Ceremonies Ordination Jurisdiction and Discipline among all that intend Conformity to the Mind of Christ FINIS Page 2. line 7. read 4 Car. p. 7. l. 4. r. them in print p. 34. l. 18. r. that and another p. 43. l. 26. r. Presbyteris l. 30. r. qui.