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A09313 The letters patents of the presbyterie vvith the plea and fruits of the prelacie. Manifested out of the scriptures, fathers, ecclesiasticall histories, Papists, and sundrie other authors. By Iames Peregrin. [Peregin, James].; Partridge, James, attributed name. aut 1632 (1632) STC 19622B.5; ESTC S103890 43,655 62

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did leaue the care to the Bishop and ambition a wittie passion which doth insinuate it selfe in shew of vertue caused it to be readily embraced But the principall cause of the change was the ceasing of the persecutions For then the Bishops did erect as it were a tribunall which was much frequented because as temporall commodities so suits did increase The iudgment though distering from the former in forme to determine all by the opinion of the church was yet of the same sinceritie Which Constantine obseruing made a law that there should lie no appeale from the sentences of Bishops and if in a cause depending before a secular tribunall either of the parties shall demand Episcopall iudgment the cause shal be remitted to him Here the tribunall of the Bishop began to be a common pleading place The Emperour Valence enlarging it in the yeere 365. gaue the Bishops the care ouer all the prizes of vindible things Which troubled Austin and other good Bishops Afterwards some Bishops beginning to abuse the power giuen them by Constantine that law was 70. yeeres after reuoked by Arcadius and an ordination made that they should iudge causes of religion and not ciuill except both parties did consent and declared that they should not be thought to haue a court Which law beeing not much obserued in Rome in regard of the greate power of the Bishop Valentinian being then in the citie an 452. did renew it and made it to be put in execution But a litle after part of the power taken away was restored by the following Princes So that Iustinian established vnto them a court and audience the causes of Religion Ecclesiasticall faults of the clergie diuers voluntarie surisdictions ouer the laietie By these degrees they got domination The Empire being diuided and kingdoms erected Idem pag. 332. the Bishops for the most part were made councellors of the Prince which by mixture of spirituall and temporall charges caused their iurisdiction to increase exceedingly Before 200. yeeres were past they pretended absolutely all iudicature criminall and ciuill ouer the Clergie and in some things ouer the laietie After the yeere 1050. All the causes of the Clergie beeing appropriated to the Bishops and verie many of the laiesie vnder the title of spiritualitie and almost all the rest vnder the name of a mixed iudicature and placing themselues aboue the secular Magistrates vpon pretence of iustice denied they came to say that the Bishop had that power to iudge not by graunt or conniuence of Princes or by the will of the people or by custome but that it was essentiall to the Episcopall dignitie and giuen it by Christ And though the lawes of the Emperours remaine in the Codes of Theodosius and Iustinian in the capitulars of Charles the greate and Lewis the debonaire and others of later Princes which all shew when by whome this power was graunted and all Histories Ecclesiasticall and prophane agree in the same yet so notorious a truth hath bene ouercome by a contrary affirmation only without any proofe Pag. 334. In the councell of Trent a defect was considered that the charitie of the superiours was turned into domination and that thence grew appeale vpon appeale Iohannes Groperus who assisted there as a diuine and a lawier spake honourably of appeales said that while the heare of faith remained in the breasts of Christians Appeales were not heard of But charitie in the Iudges waxing cold and place being giuen to passion they entred into the church for the same reasons which brought them into the secular courts that is for the ease of the oppressed And as the first iudicatures belonged not to the bishop only but to him with the councell of his Preists so the Appeale was not diuolued to one man but vnto another congregation But the Bishops taking away the Synods did institute courts and officers like the seculars Neither did the mischiefe stop there but passed to greater abuses then in the secular court Which he shewes in that Appeale was made from Appeale till it came to the Pope and somtime by a leap to him without more a doe Iohn Baptista Castellus vvas made to salue vp these soares by a cunning oration Pag. 335. and 336. in the next congregation And so to restore Synodall iudicatures was reiected almost by all because it did diminish the Episcopall was too popular For proceeding against the persons of the Bishops no man desiring to facilitate the iudicature against himselfe the restoring of it to parochiall Synods vnto which it did formerly belong was not spoken of English Bishops in like wisdome suppresse all bookes Preachers that speake of the right of Elders or of such Synods and the like things that neither theu nor their owne vsurpations may be knowne By all vvhich vvee may see that it is a vveake defence for the authoritie of Bishops against the Eldership to alleadge the grant of Emperours Kings or as Bellarmin doth the Acts of any councell much lesse that of Trent Gods ordinance vvord should euer be of more force esteeme vvith true Christians then any of this kinde vvhatsoeuer By these affirmations of this impartiall Author vvhome they can not call a Brovvnist or a Puritan vvee may see that they in the church of England vvho vnderstand this clause Tell the church as if it vvere meant tell the Bishops or their Officials doe not only vvilfully vnderstand it as Christ neuer meant it of such as he neuer ordained but euen contrarie to the interpretation vnderstanding and practise of the primitiue church till the time of Cyprian that is for 250. yeers after Christ VVhich shevves the Gouernment of Diocessan Bishops their Officials Chancellors Courts and proceedings to be popish nouell intollerable such as make the ordinance of God of none effect take things vpon them vvhich belong not to them If a man dvvelling in the Isle of Ieresey in the Isle of vvight or in Surrey find himselfe much vvronged molested by a neighbour vvould Tell the church should he run to the Bishop of the Diocesse or to his Chancelour at VVinchester and not rather to the flock and the Elders thereof vvhereof he and the offendour are members vvhich flock should haue the povver the church of Corinth had It is remarkeable that vvhen Christ vvould reproue the seuen churches for certaine corruptions crept into them he doth not say vvrite and send it to the chiefe officers of the church to the Archbishops bishops or their officials Chancelours c. For there vvere no such officers then but vvrite and send it vnto the seuen churches Reu. 1.11 that is to the vvhole flock in Ephesus so to that in Smyrna and so in all the rest So it is still added Let him that hath an eare chap. 2.7 heare vvhat the Spirit saith to the churches Euerie man that vvas a member of the church must heare it and take care to redresse it Indeed
litle harme in it yet doubtles the inuention and allovvance gaue occasion of all these euils vvas some breack of the second comandement as vvomen that frisse their hair paint or lay open their naked breasts are occasions of lust breake the commandement such precepts as require modestie though they doe not these things on purpose to make men fornicators but for fashion sake to get husbands or the like reason At this day there is such an Image of the virgin reedified beautified at the crosse in cheape side Besides Engl●sh Papists diuers Spaniards others haue bene obserued to vvorship it and therefore neither the ancient custome of this inuention nor any constitution allowing it nor the little hurt it did at the first or novv doth to many can serue to excuse the Rulers that suffer it For vvee see many kings are blamed for suffering the high places vvhich some time vvere litle frequented or at least not by many Smal faults errours make vvay for greater It may be the inuentors and maintainers of diocessan Bishops som Romish ceremonies meant ●●s litle hurt at the first as any of these yet seeing they haue ●one doe may doe so much hurt it is a great fault to main●aine or suffer them The Iesuits know that the maintenance of them and suppressing of bookes against them are notable ●nductions to nevvtralitie luke vvarmnes ignorance errour ●nd poperie as they finde in many Arminians and pontifici●ns further that no Protestant church in the vvorld hath ●o handsom a cloake for a church Papist Spanish or Romish ●s these serue for And yet these as all the errours of the Romish church being once receiued haue bene maintained by men of great pretie knovvledge in other things VVho are thought to haue more knovvledge holines deuotion then some franciscans that maintaine these errours about the bles●ed virgin others of poperie The deuil all corrupt men hauing once broached any errour euer get some of the most religious and learned to defend it or at least that it is a thing indifferent or tollerable thus the beginnings of Diocessan Bishops and Romish ceremonies some primacie in the Pope Images in the churches to a religious vse and the like being begun vvith smaller digressions from the truth haue gained some to defend them as things indifferent and tollerable vvho vvere reckoned oft vvere men of great knovvledge and pierie in other matters and then these errours and abuses being thus defended grevv greater and more intollerable So the Bishops in England hauing gotten some men to subscribe that are verie learned religious they then get them also to defend their Hierarchie traditions and ceremonies vvhich doctrine they knovv vvill be best receiued at such mens hand as vvee haue of late seene in Doctor Burges and others much graced by the Bishops vvho among themselues also haue some that are and others that seeme to be verie religious in many things But vvee should remember that these are but men that engaged a litle in any cause are subiect to fall farther into it that gifts or hopes of preferment blind the eies of the vvise that the church of Rome could neuer haue gained her cause in so many things if she had not had the helpe of men esteemed as religious and learned that she could neuer vvant of this sort vvho had such revvards for her champions such povver to suspend and silence the opposers no more can the Bishops The 34. Art 34. Article saith thus It is not necessary that traditions ceremonies be in all places one or vtterly like for at all times they haue bene diuers and may be changed according to the diuersitie of countries times and mens manners so that nothing be ordained against Gods vvord I ansvvere in some cases this may be admitted For the Apostle vvould not haue a man praying to be couered in the church and in those hot countries if any that might wel endure to be bareheaded in praier 1. Cor. 11.4 c. as the most might should haue vvorne a night cap or the like thing in the church it had bene as greate an euill in him as if he had vvorne a hart yet in ours being a much colder countrie the church vvith good reason allovveth such to vveare night caps in time of praier as can not vvith safety of their health be vncouered so long God requires not the death or danger of his creatures in such cases In Muscouie Svvede and some colder Climates men are so bitten vvith frost that they are constrained to keepe somvvhat on their heads Here necessitie requireth that the ceremonie be not the same nor in some old or sick body that is not able to kneele all the time of praier But vvhat necessitie is there for the crosse in Baptisme the surplesse copes or kneeling at the Sacrament which vvere not vsed in the age of the Apostles are but meere mockeries make the vvord of none effect and haue bene so much abused to idollatrie as the Image of the blessed virgin Because the Apostle saith 1. Cor. 14.40 Let all things be done decently and in order therefore some infer the church or the magistrate may ordaine these and the like A foolish inference that serues as vvell for the Paplsts and their trumperies pretended to belong to decencie order as for them For hovv is there more decencie and order in these things then vvas in the time of the Apostles or is novv in the reformed churches The Apostle speakes of decencie and order vvhereby they should be the better Christians the vvomen being couered the men vncouered in time of praier the men speaking in a knovvne tongue and one after another not confusedly the vvomen keeping silence in the church of these and the like he saith Let all things be done decently and in order But vvhat better Christians are men for the crosse in baptisme for the surplesse and kneeling at the Sacrament vvhat more decencie and order in the surplesse then in a shirt of haire a Iesuits cloake a friers vvhite roabe a Capuchins gray govvne hood or the rope vvherevvith he girds himselfe vvhat more decencie and order in the crosse in baptisme then in the crosse that hangs at the friers girdle in kneeling at the receiuing of the bread then in kneeling at the feete of a Priest in confession before a crosse or Image or at their receiuing of the host vvhat more decencie and order in diocessan prouinciall Bishops Chancellours Deanes and Archdeacons and their courts and proceedings then in those of the church of Rome the Cardinals Generals and Canonists saue in the degrees of superstition and impietie That place indeed giues vvarrant in some cases as touching the time and place of Gods vvorship and needefull ceremonies therein That on the Lords day it should begin about 8. or 9. in the morning and end before noone and begin againe about tvvo because men in many places
They also vvhich seemed to be pastors casting of this law and rule of pietie kindled contentions betweene themselues seeking only to increase debates threats iealousies heart burnings and reuenge vvith an immoderate desire to command and sway as in a Tyrannie It is easie to conceiue that vvhen peace and plentie came in all things vvould vvaxe vvorse Constantine to bring his people to Christianitie Anno 330. Damasus Anastas in vita Sylvest as he pulled dovvne Idolatrie so he applied the reuenues of their Temples to the maintenance of the Christian churches and besides gaue them other great gifts his greatest Princes beeing conuerted did the like as appeares in the life of Syluest and by Cedranus his Historie S. Hierom complaineth of Preists that vvrunge rewards from ladies Cedrenus pag. 243. Hieron ad Eustich Epist 22. Ad Nepotian 2. In God Theodos and from others Others there are vvho spend theire vvhole times in learntng the names houses and qualities of these ladies Ovid in another place There be Clerks vvhich possesse more vnder poore Christ then erst they did vnder the rich diuell This contagion spread so far that the Imperours Valentinian Valens Gratian made lavves against it prohibiting Clergie men to set foote vvithin the doores of vvidowes or Orphans to receiuee gifts by Testament c. VVith plentie came in corruption in life and religion Baronius confesseth that men at that time hallovved heathenish rites ceremonies Barō To 1. art 44. art 88. c. To. 3. art 324. art 78. 79. by bringing them into christian churches That Constantine ordained That the bishops of the Christian lavve should thence forvvard haue the same priueleidges vvhich the idolatrous preists had enioied That the Pagan preists had a chiefe among them Rex Sacrificulus and their soueraigne Pontife arbitrator of all questions among them And vvho saith he can thinke that Constantine vvould long endure that these should exceed the Christians in pompe and glory then he proues the Pope and Cardinals to haue the like glory in riding clothing salutations and crovvning VVhich is to shevv the Pope in habit of a pagan Thus vvhile diocessan Bishops vvere ordained to vvithstand dinisions on the contrarie they vvere increased therby as appeares by the reasons Cyprian Eusebius giue of the persecutions others about the feast of Easter appeales pride errours in such as was Paulus Semosateneus Arrius Nestorius others by whose great names Fuseb de vit Constant lib. 1. c. 37. 38. grosse errours were receiued propagated Cōstantine by reason of sūdry dissentions which he saw daily to arise betwene bishops assembled Synods Novv to see more exactly hovv from so small beginnings bishops came to the greate power they haue Hist of the coure of Trent pag. 226. vvee may sinde it proued in the historie of the councell of Trent That at first the churches were gouerned by the common councell of the presbitery and how after to withstand diuisions the monarchicall gouernment was instituted giuing superintendency to the bishop The neighbour bishops whose churches because they were vnder one prouince had commerce did gouerne themselues also by Synods and to make the gouernment more easy attributing much to the Bishop of the principall citie they made him as it were head of that body and so the Bishop of the citie where the Ruler did reside gained a certaine superiority by custome These prefectures were the Imperiall citie of Rome the prefecture of Alexandria which gouerned Egypt Libia and Pentapolis of Antioch for Syria and other Prouinces of the East This gouernment brought in ap●●●ued by custom only was established by the first councell of Nice The Pope had no other ground of his greatnes saue this and the translation of the seate of the Empire from Rome to Constantinople till about the yeere 607. vvhen he obtained of Phocas that murdered his master to be called vniuersall Bishop vvhich title vvas a litle before proued to be Antichristian by his Predecessor Gregorie 1. The inundation of the Gothes and Vandals had eclipsed his glorie Guiciard and so did the Fxarchs of Rauenna till the Lombards hauing gotten that Exarchat long oppressed all Italie Pipin chased them avvay and gaue this part to the Bishop church of Rome vvhich vvas confirmed by his Sonne Charles that vtterlie rooted the Lombards out and vvas by the Pope crovvned Emperour yet the Popes vvere subiect to him till his posteritie grovving vveake seuen Electors vvere ordained and the Imperiall povver being translated to the Germans and noe longer hereditarie vvas much diminished and that of the Popes thereby increased espetially after they obtained of the Emperour Henry the second that the Cardinals only should choose the Pope and then the Cardinals also vvaxed great If this shevv not hovv bishops but rather hovv the Pope grevv greate it is supplied by another discourse in the Historie of the councell of Trent vvhere it being considered in vvhat cases Christ saith Mat. 18.17 Tell the church and vvhat povver is giuen to a congregation in that place to the Corinthians vve may see hovv things vvere carried after diocessan Bishops vvere thus ordained 1. Cor. 5.4 The iudgment of the church as is necessary in euery multitude was fi● Histor of the concell of Trent pag. 330. to pag. 335. hat it should be conducted by one who should preside and guide the action This care due to the most principall and worthy person was alwaies committed to the Bishop And where the churches were many the propositions and deliberations were made by the Bishop first in the colledge of Preists and Deacons which they called the Presbiterie and there were ripened to receiue afterward the last resolution in the generall congregation of the church This forme was still on foote in the yeere 250. is plainly seene by the Epistles of Cyprian who in matter concerning those who did eate of meates offered to Idols and subseribe to the Religion of the Gentiles writeth to the Presbiterie that he doth not thinke to do any thing without their counsells consent of the people and writeth to the people that at his retourne he will examine the causes and merits thereof in their presence and vnder their iudgment and he wrote to those Preists who of their owne braine had reconciled some that they should giue an account to the people I must here referre you to the Historie it selfe vvhich sheweth hovv this gouernment had bene defended against the Canonists only recite som things to shevv hovv it decaied hovv in the ruine thereof that of the Bishops increased vvherein if I striue to much too abridge things cōsult the with place it selfe for better satisfaction The goodnesse and Charitie of the Bishops I dem vbi supra made their opinion for the most part to be followed by title and litle was cause that the churches charity waxing cold not regarding the charge laide vpon them by Christ
throne on Seates both before after Babilon is destroied this sheweth that they are the only spirituall Rulers ordained by God to gouerne his church vnder Christ to the vvorlds end and by him set about his throne as those vvhich by his ordinance haue had the Ecclesiasticall gouernment ought still to haue it by the furtherance of Christian kings and princes that are nursing fathers and in Gods good time shall haue it againe Christ vviloe in the midst of the Elders Both that of the Bishop of Rome and of all other diocessian and prouinciall Bishops shall be ouerthrovven Isa 9.7 Heb. 2.8 and then of the increase of his gouernment and peace there shall be no ende but he vvill put all things in subiection vnder his feete VVhich all as vvell high as lovv should endeauour to knovv that knovving it vvhen in praier they say thy kingdome come in heart they may both pray that God vvould sent it and vse the best meanes they can to effect it By all vvhich is manifest that the Presbiters vvere the Bishops and Gouernours of the church in the time of the Apostles a vvhile after and that the preeminence vvhich after some one in a prouince obtained vvas by consent and custome not by authoritie of Scripture VVhich is ingeniously acknovvledged by S. Austin August in Epist 19. ad Hibron quae iam Ecclesiae vsus obtinuit Ambros comment in cap. 4. ad Ephes Bellar. de clericis l. 4. cap. 4. For although according to the termes of honour vvhich now the vse of the church hath obtained a Bishop vvhich is greater then the Presbiterie neuerthelesse Austin is in many things lesse then Hierom Note those vvords vvhich now the custom of the church hath obtained he saith not vvhich is giuen in the nevv Testamēt Ambrose saith that of old the antienter Presbiters vvere called bishops that the eldest dying the next might succeede him but because the following presbiters began to be found vnworthy to hold the primacie the reason vvas changed vvisdome foreseeing that not order but merrit should make a bishop he vvas ordained by the choice of manie preists VVhence vvee see that the litle primacie authoritie the bishop had in his time gained vvas not obtained all at a time but by degrees vvherin things had bene still altered Bellar. ' de clericis lib 4. cap. 14. VVich Bellarmin vvould faine denie but can not striuing to make nothing of these al other proofes vvithout daring to taske these fathers of heresie vvhich yet he boldly fastens on Caluin Caluin l. 4 Instit c. 4. Kemnitius and others for holding the same things and producing these proofes Caluin saith he speakes thus Such as to vvhome the duty of teaching vvas enioined vvere named presbiters they out of their number in diuers cities choose one to vvhom they specially gaue the title of a bishop least out of equalitie as it is vvont to be discords should arise yet vvas not the bishop so the superiour in dignitie and honour that he should haue lordship ouer his collegues but looke vvhat priueleidges a Consull hath in the Senate to make report of the buisnesses that by aduising warning perswading he may preceede others gouern the vvhole action by his authoritie and put in execution that vvhich is determined by common consent the same office had the bishop in the companie of the presbiters and that this verie thing vvas brought in for the necessitie of the time by humaine consent the ancient fathers themselues confesse it ye haue heard their testimonie Against this Bellarmin for lack of better proofes alleadgeth the Acts of the Councell of Trent Vbi supra vvherein the bishops vvere Iudges in their ovvne cause as they had euer beene since the Councell of Nice In Trent it vvas alleadged that the Augustin confession put noe difference betweene a bishop Histor of the Counc of Trent pag. 606. and a preist but by humaine constitution and affirmed the superioritie of bishops vvas first by custome and after by Ecclesiasticall constitution VVhich those Trent fathers vvould faine haue disproued but could not For though in the age after the Apostles custome had brought in a kinde of diocessan bishops to preside in Synods yet in other respects they vvere reckoned among other presbiters Euseb Hist Ecclesiast lib. 5. c. 22.23.24 till about the yeere 195. vvhen Victor presbiter or bishop of Rome tooke on him to excommunicate the churches of Asia about the feast of Easter and for it as Eusebius shevveth vvas reproued by sundrie bishops among the rest by Ireneus in an Epistle to Victor The Preists saith he which before Soter presided in that church vvhich you novv gouerne namely Anicetus Pius Higinus Telesphorus and Xistus neither obserued that day themselues nor suffered others to obserue it yet they kept peace with others that did vvhere note he calleth them not bishops but Preists * or presbiters notvvithstanding the eminencie of that church and the custome of presiding among other presbiters as a kinde of diocessan because a presbiter vvas a bishop Againe But the preist vvhich vvere before you sent vnto them c. So fared it betweene Policarpus and Anicetus the priest that is the bishop of Rome It is true that after this proud and rash act of Victor the bishop of Rome grevv greater the name of a bishop came to be more restrained to those that liued in greate cities and presided in Synods as also by that act of Steuen bishop of Rome vvho attempted ●o restore Basilides Martialis tvvo bishops of Spaine about the yeere 250. And as Monsieur du Plesses obserueth * Myster of Iniquit in the councell held at Rome vnder Syluester an 324. the Preists stood behind the place vvhere the bishops sate And in the concell of Nice held the yere after Concil Nicen. 1. can 6.7 the 6. canon is read in these words let the ancient customes be obserued vvhich are in Egipt Lybia Pentapolis so that the bishop vvhich is in Alexandria haue authoritie ouer all these because such also is the manner or custome of the bishop of Rome VVhich is but a vveake authority for prouincial bishops seeing the canon confesseth that it had beene only a thing of custom vvheras if it had bene an Apostolick institution the concell vvould rather haue alledged that Mounsieur du * Vbi supra Plesses proues that many of the Ancient call it a custome Other things aduanced this dignity the vvrath of God for it Cyprian l. de lapsis Euseb lib. 8. cap. 1. Cyprian yealdeth this reason of the persecution of Decius because euerie man slept in the coueteous desires of his owne heart VVhich he shevveth in the clergie Eusebius giues a like reason of the succeeding persecutiō of Dioclesian There vvas saith he amongst vs nought els but cursed speakings continuall iarres of prelates falling out vvith Prelates congregations vvith congregations