the Sheriffs c. cannot as the Law then was and now is make such Execution and give the Clerks presented Jus in Re or possession And if a Bishop or Arch-deacon for they are but men do refuse the same wantonly or through prejudice or design for a Kingsman or a Friend of his own when modestly requested by the Clerk presented and will not admit him habilem then the Law has provided a Writ called Quare Impedit to force him to shew a Lawful cause in the Kings-Courts and by them approved or otherwise to force the Bishop to make Execution according to the Patrons Presentment Thus we see in Times of greatest Popery our Ancestors did assert their own Proprieties against Arbitrary Proceedings of Men that call'd themselves the Church the Church I le give but one Instance more to show what little pretence the Clergy alone have to entitle themselves alone the Church Representative of England distinct from the Lay-Brethren and that is in making a Canon to Cringe to the East and Bow at the Name of Jesus Object How now will some say Of all instances you might have forborn this For can any good Christian do too much Reverence to the Name of Jesus We now know what you would be at Phil. 2.10 11. for does not the Apostle say that at the name of Jesus every knee shall bow c. this might have been let alone Answ But I will not let it go so yet must acknowledge readily and chearfully That there is no other Name under Heaven by which we can be saved nor any other name except that of God and Jehovah that deserves more signal Reverence And yet notwithstanding Bernardus non videt omnia nor the Church the Church I mean the Clergy in her Placet's always rational much less Infallible The words in Phil. 2.10 11. are That at the Name of Jesus every knee not every head should how of things in Heaven therefore not litterally to be understood for there is no knees there to bow and things in Earth and things under the Earth there is no knees there neither except those in Graves and they are too senceless at least too stiff to bow And that every tongue should confess that Jesus Christ is Lord Therefore such as take the words litterally ought at the same time that they bow the head or knee to use also their Tongues and confess at the same time that Jesus Christ is Lord. But I say in obedience to this Holy Scripture or rather some Clergy-men's Comment thereon Men at this day at the Name of Jesus bow their heads not their knees yet the Text speaks not one word of that nay in all discourse as well as in the Church men that understand it in the litteral sence ought to bow the knee and not dop the head and also at the same time they ought with their Tongues confess That Jesus Christ is Lord. Thus when we hear a Common-Swearer 100 times in an hour swear by Jesus as is usual and often we ought by this Interpretation to make a Legg every time and with our Tongues Eccho to him and cry out Jesus Christ is Lord. But such was the wisedom for want of comparing the Words with the Context For by the Name of Jesus there is understood the Power and Soveraignty of Jesus to which God hath highly Exalted him not those 4. or 5. Letters but a Power above every Name that is above every Creature or above all created Powers whether in Heaven or in Earth or under the Earth that they might how the knee to him that is adore him So Prov. 18.10 The Name of the Lord is a strong Tower not the Letters Jehovah or Jah is a strong Tower or the found and noise of those words but The Power of the Lord is a strong Tower the righteous run unto it and are safe not into the Letters or found of the Name Yet notwithstanding if any man will show Reverence at the Name of Jesus I am not offended so he shew as much Reverence at the Name of God and at the Name of the Holy Ghost It is a hard and harsh saying of some and borders upon Blasphemy to make distinctions in the Holy Trinity as if we were more beholden to the Second Person of the Holy Trinity than to the First or Third Person This Grates to make a difference in Reverencing The Trinity in Unity and Unity in Trinity But in this Instance I only show that the Clergy the Clergy much less a few of the Clergy because Higher and Taler have shown no Charter hitherto nor reason to have such a Charter granted to them to be without the Laity The Church The Churth of England The whole Oecumenical Council of Nice had erred shamefully but for one single ey'd man Paphnutius And it is pretty reading in the Council of Trent to see how at a loss the Fathers were for a Resolution 'till Post-Night till the Packet return'd from Rome one said with their Holy Ghost in a Cloak-bagg So that the next day after the Post came in People repair'd to the Counsel-House for News and to know how squares would go as men do now to a Country Coffee-house on a Post-night to know how things go above But is it not strange Impudence Atheism and Effrontery thus to take Gods holy Name and Spirit in vain by making the Holy Ghost father all our Escapes and By-blows adulterately begotten by Self-Interest Pride Passion Revenge crasty Fetches covetons designs whether the French or the Spanish Interest carry it still The stile is It seemed good to the Holy Ghost and to us God forgive them And this is the Church The Church that is the Clergy the Clergy or rather the Few the Few the least in number I will not say I cannot say the worst of the number nor the Idlest of the number But add to them Lay-Chancellors or Vicar-Generals Sumners Registers c. To make up this Church the Church of England And you make them worse and worse I look upon the Church of England as the greatest Bull-Work against Popery what This latter sort of men are they such a Bull-work no the Protestants of England The Protestant Laws of England embodied with the Fundamental-Laws of the Realm Ruine one and you ruine the other for they must live and die together Thus have I evidenced that the Laity in the Apostles times were the Church and as much Canon-makers and Rule-makers and had the conduct of the infallible Spirit and gifts of the Holy Ghost as well as the Apostles and therefore certainly the Christian People as well as the Clergy of England are the Church of England Nay In Hen. 3. time when the Popish Prelates were most Rampant and Othoben the Pope's Nuncio had almost Beggar'd that King keeping him poor and doing what he list with him yet when they were to be excommunicated that Infringed Magna Charta The Clergy nor the Synod did not make it but the King and
command the Sick person to come and visit him or at least give him a meeting at such a Church and such a Tavern and then he shall hear what Prayers he will say over him St. James says Jam. 1.27 pure Religion and undefiled before God and the Father is this To visit the Fatherless and Widdows c. What to do To pill them and poll them No surely that would not be a very pure Religion except of such a pure Religion as is made up of pure Money the Fatherless I suppose like not the visits of such kind of Fathers they had rather they would keep away and not help to make them poorer and add Affliction to the Afflicted of such Visiters better have their Room than their Company Is this your Kindness to your Friends when you come to visit them Hah Indeed I find that Allowance is taken care for in Visitations of old but what Not Money but Food and Drink such as the poor Vicar and his Family makes shift with but never never any Money in ancient time For which let him that lists consult Wil. Lindewood in his Provincial Constit l. 3. de Censubus Procurationibus f. 159 160. Johannes de Aten in his Glosses on Otho's and Othobon's Constitutions f. 43 89. Angelus de Clavasio in his Summa Angelica Tit. Visitatio also Gratian. Distinct 42. cap. non opertet Also Concil Lateran sub Innocent 3 Pap. An. 1215. cap. 33 34. Also Concil apud Castrum Gunter An. 1251. Concil Surius Con. Tom. 3. p. 746. apud Salmar An. 1253. Synod Andegavensis An. 1263. Concil Provincial apud Langres An. 1264. Concil Burdegal An. 1582 c. collected by Laurentius Bochellus Decret Eccles. Gallican lib. 5. Tit. 15. Devisitatione Procuratione personis quibus commissa est potestas visitandi Also Concil Coloniens An. 1549. Concil Trident Sess 24. de Reformatione cap. 3. Thomas Zerula in his Praxis Episcopal par 1. Tit. visitatio They all concur Vt nullus Procurationem recipiat nisi in Locis visitatis duntaxat tum Tantum victuallibus à locis quae visitantur That Meat and Drink when the Visiters are athirst or hungry shall be given them but not one Farthing of Money For says the said Council of London Anno 1200. The Children ought not to lay up for the Parents but Parents for their Children How far is it then from the Piety of Fathers if rich Prelates that ought like good Pastors to provide for the wants of their poor Flocks under them should be burthensom to their Inferiours And therefore the said John de Aton in his Gloss on that clause of Othobon's Constitution f. 89. hath these Words viz. Nos tam Ecclesiarum indemnitati quam Praelatorum saluti consultius provedentes districtius inhibemus nè quis eorum Procurationem quae ratione visitationis debeter ab Ecclesia quacunque recipiat nisi cum eidem visitationis officium impendit qui vero receperit donec restituerit ab Ingressu Ecclesiae sit suspensus By this Law then the Bishops and Archdeacons must make restitution of all the Moneys they received for Procurations or else be Suspended and not suffered to enter into the Church until they restore those ill-gotten Goods Et haec ratio fortè movet Episcopos hujus Regni qui in Visitationibus suis Procurationes ab Ecclesia communiter non exigunt quia ad singulas Ecclesias ob causam Visitationis non declinant lecet plenè personas visitent tà m Clerum quam populum ob hanc causam nunc ad unum locum nunc ad alium congruum convocando cumtamen Procurationem debeant recipere tantum modo de locis visitatis In short Visitations of old were to a good end like that of Paul and Barnabas by preaching the Word again to them to confirm them or strengthen and corroborate them in the Faith Afterwards this Godly usage became a Trade but never till there was Money to be got by it a nusance that Pride and Covetousness invented and continues in spight of the Laws and Canons of God and man For which cause the learned French Bishop Claudius Espencaeus complains in these words Comment in Epist ad Titum c. 1. Minores non tantum Episcopi sed ut Archidiaconi eorumque male officiosit absit verbo invidia nam de malis loquor Officiales Vicarii dum Diocaeses Parochias obequitant non tam facinorosos criminum reos poenis correctionibus à vitiis deterrent quo fine Peregrinationes hujusmodi olim jam fucrint jure canonico ordinatae quam pecuniâ praesenti numeratâ titulo Procurationis nè dicam fictitiae Jurisdictionis emungunt exigunt tum Clericos tum Laicos First they bring their printed Articles for the Church-wardens of every Parish to buy and though they have half a score of them which the Parish has bought ten years together yet still they must buy a new Book every year or lay down the money for it and then you may chuse whether you will take it with you or no Then also the Church-wardens must swear to keep and observe those Articles And are not all that do so forsworn Then they must give money a grant for being sworn then they must swear to Present and if they do not make a Presentment they are Excommunicated if they do put in a Presentment usually written in Court and very brief with an omnia benè for which they pay a shilling then also for putting in the Presentment a shilling more For three shillings and six pence or three shillings and eight pence a Church-warden may escape cleverly But saith the said French Bishop the Minor Bishops and Arch-deacons and their wickedly-officious pardon the Word for I speak only of the wicked Officials and Vicar-generals in their Visitations do not so much deterr men from sin by punishing the criminals as to drain their Purses by exacting ready monies of the Clergy and Laity by the name of Procurations and I know not what feigned Jurisdiction Thus the said good Bishop Espencaeus And therefore in the greatest height of Popery in England the Kings Judges and Justices in his Temporal Courts have usually decreed that Excommunicate persons shall be absolved clave errante when the Judges disallowed the cause for which a man was Excommunicated And many Actions of the Case have been brought against the Arch-deacons c. for Excommunicating men for things out of their cognizance and exceeding the limits of their Ecclesiastical Jurisdictions namely when they meddle with the right of Patronage exempt Churches being Lay-Fees c. and have made them pay sawce for being so sawcy and pragmatical I 'le instance in one Pat. 18 Edw. 1. m. 26. De libertatibus liberarum Capellarum Regis Rex omnibus c. salutem Inspeximus literas celebri memoriae Domini H. Regis Angliae patris nostri patentes in hec verba Henricus Dei gratia Rex Angliae Dominus Hiberniae
illa absolutos c. This amongst many others wherein I could instance is but to shew that the King's Judges did controul the inferiour Jurisdictions called Ecclesiastical and Judge whether the cause or contempt deserved Excommunication and accordingly commanded Absolution c. as I have known the Lord Chief Baron in his Majesties Court of Exchequer about seven years ago command Doctor Lake Commissary of Lincoln and then in Court to absolve one King c. to which the Doctor making some tergiversation the Lord Cheif Baron threatned to lay him by the heels for his contempt For it is great insolency for a Commissary Official or his Master the Arch-deacon to excommunicate in their Courts and Visitations the Kings Subjects except by Authority and Commission from God or the King From God they have no power to excommunicate or to hear Causes then hath any Parish-Priest in his Parish if so much And if they have a Commission from the King let them shew it but when they have shewn it I dare say it will run with submission to His Majesties Decrees in his superiour Courts Courts of Record at Westminster Courts of good and great use Courts that have his Majesties Authority and Commission to shew for what they do Courts that do not bear the Sword in vain Courts that are not made up only of an empty noise of Curses and Anathema's thundring and cracking as if they came from Heaven when all is but vox praeteria nihil and not of little or no use but to vex and weary out the Supplicants Suiters and Attendants by enriching some few not of the best of mankind with Money Money And on the contrary how careful have our Kings of England been rather to encourage Parish-Ministers that labour and look after the Flock even in times of Popery as for instance in this Brief sub privato sigillo Edwardi 1. anno regni ejus 33. in these words Rex dilecto sibi Ricardo Oysel Ballivo suo de Holdernesse salutem Mandamus vobis quod de exitibus Molendinorum nostrorum in Belliva vestra faciatis Decimas dari Personis Ecclesiarum in quarum Parochiis Molendina ista existunt prout alii Magnates de regno nostro ac hominis partium illarum Decimas dant de exitibus Molendinorum suorum Et nos vobis inde in compoto vestro ad Scaccarium nostrum debitum allocationem fieri faciemus T. R. apud Westm 20. die Octobris Per breve de privato sigillo And good reason sure had that valiant King to give all due encouragement to the Inferiour Clergy if we consider how he was affronted and defy'd and brav'd by the Prelates Polid. Virgil Angl. Hist l. 17. especially by Robert Arch-bishop of Canterbury so that the King was forc'd to put all the Rebellious Prelates and Clergy out of his protection seizing their Goods and Revenues until they at long-run submitted themselves after a tedious Bustle to which they were encouraged by Pope Boniface I know that the King granted his Favour afterwards and Protection to the said stout Arch-bishop Robert and the rest and suffered the said Arch-bishop to stand by him and his Son upon a wooden Scaffold erected before the Gates of Westminster-Hall for that purpose when with many Tears the King askt Pardon with all Humility not the Arch-bishop's Pardon but that the People would pardon him Walsingham Hist Angl. p. 36. but it was not for his humbling the proud Clergy as aforesaid but for his Arbitrary Government Dicens se minús bene tranquillè quam Regem deceret ipsos rexisse c. Rursum ut libertates contentas in Magna Charta Mat. West An. 1297. p. 409 410. Ypodigmae Neustr p. 84. de Foresta in usu extunc efficacius haberentur voluntarias super his exactiones inductas de caetero quasi id irritum revocaret petentibus Comitibus Baronibus Rex Articulos in praedictis chartis contentos innovari insuper observari mandavit Henry de Knyghton adds Rogavitque Populum accepta licentia ut omnia condonarentur ei orarent pro eo orabant quidam publicè alii vero sic alii vero occulte pauci vero bene Anno 32 Edw. 1. this King was again affronted by Thomas Corbridge Arch-bishop of York For when the King by his Letters Patents granted to Mr. John Bouhs the Prebend of Styvelington in the Church of St. Peter in York and commanded Thomas Corbridge the new Arch-Bishop to admit him c. after two successive Mandates he neglected to do it to the King's damage 10000 l. as in the Plea Rolls of Trinity Term held at York To be seen in the Receivers Office of the King's Exchequer at VVestminster 32 Edw. 1. is at large expressed Thereupon the Arch-bishop being summoned to answer this contempt before the King's Justices he appearing answered That he was always ready to obey the Kings commands so far as he could but he could not admit the King's Clerk because the Pope had conferred the said Prebendary and Chappel thereunto belonging on his own Clerks of whom they were now full and that he could not make void the Act of the Pope his Superiour Lord nor deprive or remove his Clerks And therefore prayed the King to hold him excused refusing to give any other answer Whereupon Judgment was solemnly given against him That what he alledged was no sufficient cause for him not to execute the Kings commands and that all his Temporalties should be seized into the Kings hands for this his contempt c. By which we may see that even in times of Popery the Kings of England have opposed the Popes Innovations and Usurpations and the Kings Justices have taken cognizance of these Ecclesiastical matters and that no Forreign Mandates or Bulls were pleadable in the Kings Courts in bar of the Kings Writs and that long before the Reign of King Henry 8. obedience to the Pope before the King was adjudged a very high contempt in Law and had a suitable punishment and that the Kings Temporal Courts had Soveraign Jurisdiction over the Ecclesiastical Proceedings which is also more evidenced by the several sorts of Mandates dates and Writs even in times of Popery frequently issued out against Arch-bishops Bishops Ecclesiastical Judges and Ordinaries commanding them to do this and that and prohibiting them not to do this and that witness the Writs of Quare impedit Quare incumbravit Quare non admisit de Clerico admittendo de copia libelli deliberanda de permutatione Beneficiorum de revocatione Praesentationis Bracton de Residentia facienda de cautione admittenda de Assisa ultima Praesentationis cessavit de Cantaria de Nonresidentia pro Clericis Regis de Praesentatione ad Ecclesiam Praebendam Capellam c. Nay it seems to me that even in times of Popery the Kings Judges would take no notice of any Excommunications Cook Instit 134.2 but what were decreed by the
Bishop himself or one that hath ordinary Jurisdiction and is immediate Officer to the Kings Courts Because only upon the Significavit's of Arch-bishops and Bishops only or such as have ordinary Jurisdiction shall be issued out the Writ De excommunicato capiendo For if a Bishop do not certifie the same upon his own knowledge Cook Instic Sect. 201. but only by hear-say or the Certificate of another Bishop and by parity of reason of any other man as his Commissary Arch-deacon c. such Certificà te is not sufficient And of these Ecclesiastical Proceedings the Kings Justices are the only Judges Much more are they Judges at this day whether these Procurations and Visitations shall be paid being so contrary to Magna Charta as well as against the Canon-Law Equity Reason and Conscience And also Judges whether the Seal to the Significavit be a legal Seal according to Statute and whether all the Processes have been made in the Name and Stile of the King as well as Seal'd with the King's Arms For all the reason in the World that if the Clergy will take in to help them on with their Ecclesiastical Ordinances and Jurisdiction The King 's helping hand to conduct all Men to the Goal whom they have delivered to the Devil that their proceedings also should be as the Law enjoyns in the Name stile and under the Seal of the King But strange also is the Practice at this day in their Spiritual-Courts in many particulars I 'le Instance but in two at present this discourse more properly coming under another head One is in the Case of Probate of Wills the other is in the Case of Excommunication The Practice at this day as to Probate of Wills wherein Lands Tenements and Hereditaments are given and granted is for the Register to keep the Original Wills and give the Executor only a Copy of the Original-Will to which Copy they affix the Seal of the Court. Estates disposed by Will are usually in Prejudice of the Heir at Law and yet if the Heir by Will have a Tryal at Law with the Heir at Law and show the Will prov'd under the Seal of the Court he will lose his Lands for all that for the Judges at this day will take no Notice of it and if he goes to get the Original out of the Register's Hands sometimes 't is lost and cannot be found for Love nor Money then farewel Land for that 's also gone past all Recovery or if the Registers do happen to stumble upon the Original they will not part with it except you give them a thousand pound Bond and good Security to return the same and also 40 s. or 50 s. it usually costs over and above I know it to be true by woful Experience to the ruine of many a Man's Estate to the defeating the Will of the deceased and in defiance of the Statute 21 Hen. 8.5 21 H. 8.5 which commands them to affix the Seal of the Court to the Original-Will in such cases where Lands and Hereditaments are bequeathed and deliver it to be kept by the Executor or Party concern'd for who can safer keep a Man's Deeds than himself and for the Copy they ought to take but one peny for every ten lines thereof whereof every line to contain ten Inches in length So that if the Question be ask'd again What are the Spiritual-Courts good for Are they not good at acting in defiance of the Statutes of this Realm And have they not always been good at that as in many Instances Appears in this Discourse I will not Advise tho' that to make them good and wholesom they should be drest and be drest as the Doctor Advis'd his Patient to dress Cucumbers with which he had long been enamour'd to the ruine of his health namely To take the Cucumbers and slice them and wash them in Vinegar then in Salt and Water then again in Vinegar and Salt and then in Vinegar and Pepper and then lastly the onely way to keep them from being mischievous is to throw them to the Dunghil But certainly Errors from the Rule from the Rule of holy Scriptures the further they go the further they go astray and it can have no colour of charity or pretence from God or Christ or the holy Scriptures to deliver precious Souls to the Devil for want of paying the Knave a Groat if their Excommunications were as they pretend a real delivery to Satan a precious Soul for whom Christ dyed is too cheap in all conscience to be fairly delivered to the Devil for the value of a Shilling or two But that the best on 't is they 'l redeem it again also for as cheap a Price a Man would wonder such mischiefs should be no more taken notice of except the Fellows are look'd upon to be so contemptible as that no wise Man heeds them nor their Blunder nor their Thunder Another miscarriage is That whoever the Register with some little Surrogate whom the Register leads by the Nose for the blindest and the willingest to be so led is the fittest Preperty shall excommunicate though but for want for paying the Register his Fees illegal and unjustifiable Fees all Parish-Ministers are bound to deliver their Flock so excommunicated to the Devil or declare the same so to be publickly in the Church though he knew nothing of the merit of the Cause nor of the due course of Proceedings But that 's not all a worse mischief is yet behind namely The Bishop 5 Eliz. 23. The Bishop upon the Certificavit of the Arch-deacon's Register grants his Significavit without hearing any thing of the Cause so that as Papists believe as the Bishop of Rome believes so here quite otherwise yet no better the Bishop believes as the Register of the Arch-deacon's Court believes and whatever he certifies to the Bishop he signifies into the High-Court of Chancery so that is usually more safe to displease any Lord in the Land than a little stingy sneaking Register that bought his Place and must make his best on 't And we may say of these pittiful Fellows as was said of Pope Alexander the 6th his Symony in selling so many Benefices Cardinal-Caps Indulgences c. as he was Pope having first by Bribes purchas'd the Popedom Emerat ille prius Why should not Chapmen sell their Ware When aboveboard they bought it fair Synodals are certain yearly Exactions paid by every beneficed-Priest to the Arch-deacon out of every Benefice in every Arch-deaconry yearly and every year throughout the whole Kingdom of England Originally They were given to the Clergy voluntarily for the maintainance of their two Procurators which were in every Arch-deaconry throughout England chosen by the inferior Clergy to represent them and vote for them in the Synod In imitation of the Wages allowed to the Knights 4 s. per diem Citizens and Burgesses 2 s. per diem for every day they Sit actually in Parliament for which there are several Statutes of old