of Shires from Synodes to Nationall Assemblies they must step up a Popish ladder by Archdeacons Officials Bishops Deane of Arches Archbishops saving that at the top of the ladder they finde the Prince for the Pope to whom they must not appeale nor yet to any greater Councels of many reformed or unreformed Churches or to an oecumenicall Councell whatsoever they talke of Generall Councels Now the causes convoyed by these subordinate appellations are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts Of which causes wee are to treat in the third chapter These which belong to Canons or Ecclesiasticall lawes concerne either the making of them or the administration and execution of them or the relaxation of them As for the making of them 1. in that the Prince may make new lawes anent ceremonies and rites with advice either of his Commissioners in causes Ecclesiasticall or of the Metropolitan 2 Synod provinciall or nationall may not be convocated without the Princes writ direct to the Metropolitan 3. Nothing may be treated or determined in the Synode till the Prince first be made privie and give assent 4. Nothing shall have the force of a law till the Royal assent of the Prince be given to those things which the Synod shall think good to decree Beza in his 8. Epistle to Grindal Bishop of London confesseth that he trembleth and shaketh at the first of these heads And in very deed it may turne upside down the whole government of the Church and outward forme of Gods worship overthrow the one and deface the other Did not the Bishops affirme at the examination of Barow that the Queen might establish what Church government it pleased her Highnes Because they dare not affirm that Princes may change any thing that is unchangeable by divine law therefore they make many unchangeable things both in government and externall ceremonies in Gods worship to bee changeable that they make a change at their pleasure and may bring in all that ever was hatched by the Antichrist a Popish Church government significant rites and symbolicall toyes and ceremonies For what may a corrupt Prince and a corrupt Metropolitan or some few corrupt commissioners not challenge for changeable Nay even rites of order and comelines and lawes of things indifferent for a religious use should be considered by the lawfull and ordinary assemblies of the Church how they agree with the generall rules prescribed in the word how they will edifie the Church how God shall be glorified Christian charitie entertained order and comelines preserved For we must not consider things indifferent onely in â—heir generall kinde but in their particular and circumstantiall use which if we permit to Princes they may abuse indiffereÌ„t things to the great hurt of the Church Synods ought not to be convocate without the Princes privitie or the warrant of the law in generall but if the Prince be wilful in denying his assent and the Church be in extreame danger ready to be overwhelmed or greatly disturbed with heresies schismes divisions enormities we may use the benefit of the law and if the law of man be wanting yet the Church should not cease from doing her dutie and exercising that power which is granted her by Christ who hath also promised his presence when but two or three are convened in his name Salus Ecclesiae suprema lex esto The power of Christian Princes in the Church is cumulative to aid her to execute her power freely not privative to deprive and spoile her of any power Christ hath granted to her And by the same reason the Church may entreate determine and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments notwithstanding the Prince will not assent approve ratifie the Canons of the Church nor confirme them by his lawes and fortifie them with temporal punishments Prudence I confesse is required in the Church to weigh the case of necessity when to put this â—er power in practise As for the administration and execution of lawes in that the Prince may 1. visit the Ecclesiasticall state and their persons 2. reforme redresse and correct them and whatsoever sort of heresies schismes errours abuses offences contempts and enormities of any whomsoever 3. to assigne nominate and authorize when and as often as it is his pleasure such persons being naturall borne subjects as he shall think meet 1. to exercise and execute all manner of jurisdictions privileges and preeminences in any wise touching or concerning any spirituall or Ecclesiastical jurisdiction 2 to visit 3 to reforme correct and amend all such excesses or defects whatsoever which by any maner of Ecclesiasticall power authority or jurisdiction might been have been reformed ordered corrected amended or restrained The Princes power in visiting reforming and correcting abuses enormities errours heresies c. may be seen as in a liuely picture in the high commission to be not onely a temporall power but also a spirituall to inflict Ecclesiasticall censures punishments For the Prince could not communicate this power to his Delegate Commissioners except he claimed it to himselfe as Principall For none can transferre that to others which he hath not himselfe It must follow therefore that the Princes power is Ecclesiastical not onely in respect of the object and matter whereupon it worketh as heresies errours abuses c. but also formally in respect of the manner to wit by inflicting Ecclesiasticall censures and punishments unlesse we will affiâ—me that suspension deposition excommunication are not Ecclesiastical but civill punishments and censures which were absurd We shall entreat of the power of the high commission in the next chapter severally by it selfe As for the relaxation of the Canons or lawes in that 1. first for ever when as they are altogether abrogated by the Prince 2. for a time onely as when hee granteth remission of any crime or transgression of the Canons for times by gone and to come when both infamie is abolished and the transgressor is restored to his former state 4. When the grace of the Canon is granted for time to come to any certaine person upon speciall occasion the cause being tried which grace they call dispensation which is for the most part done when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute are confirmed with the great seale of England or when if he without just cause refuseth the Chancellour of England granteth them primarily according to the statute made thereanent If the Prince may abrogate the canons of the Church without consent of the church in vain were the Canons of the Church made Or that the Church may not abrogate any canon when they finde it proveth inconvenient is as great an inconvenience In vaine likewise are canons strengthened and guarded with censures and punishments and the black markes of infamie set upon heynous crimeswith the legall effects thereof if the Prince may abolish the crime as simoniacall paction or any the like
or else infamie arising upon the crime and make petent the ports of Ecclesiastical dignities to infamous men against the rule of the Law Infamibus portae ne pateant dignitatum The Prince granteth also dispensations either primarily by his Chancellour if the Archbishop refuse or secundarily confirming the faculties and dispensations granted by the Archbishop and so by dispensations may dissipate and wound at pleasure the Canons of the Church Now the Prince may dispense by their lawes in all causes wherin the Pope of Rome was wont to dispense of old The third sort of rights restored as due to the crowne which were not in use but since the Popes authority was driven forth concerne Benefices Ecclesiasticall and Dioceses in that the Prince may 1. enjoyne the Archbishop to confirme the election as also to consecrate the elected into the Bishopricke 2. to unite and consolidate or to divide lesser Benefices or Bishopricks which were before united 3. to grant a vacant Bishopricke or lesser Benefice in title of trust which they call a Commendam 4. to translate Bishops from one Bishopricke to another 5. of two which are nominated to choose one to be a Suffragane Bishop 6. to enlarge or contract the bounds and marches of any Diocie Election confirmation and consecration of Bishops were performed of old all at one time and that in a Synode of Bishops If the Prince may unite and enlarge Diocies and Parishes without the consent of those who have interest hee may make parishes Diocies and Diocies great Provinces The competent flockes for Pastors should bee measured by the Church who calleth them and knoweth best what burthen is most proportionable to their strength Bishops should not be translated at Popes or Princes pleasures as it often commeth to passe in our times The old Canons condemne this leaping from See to See Ambitious and covetous men cannot content themselves till they get either a fatter or more glorious Bishopricke Some are not content of one Bishopricke except they also get the commendam and custody of another They must not have two Bishopricks at once by the Canons yet heir a tricke one they may have in title of a Bishopricke another by way of trust and custody till it bee planted A man may not have two wives yet hee may have two women one as a wife another as a Lemman Some of them have keeped another Bishopricke in commendam sixteene or twentie yeares as the Bishop of Glocester was commendatare of Bristow Yea they may keepe this Lemman all their life time if it please the Prince to bestow a perpetuall commendam For commendams are not onely temporarie but also perpetuall whereas of old they endured onely for sixe moneths or some like short space They enrich themselves not onely with Commendams of other Bishoprickes but also when that cannot be had with the commendams of fat parsonages and lesser benefices The Diocesan Bishop hath a greater taske then hee can commodiously expede or else because hee is a loytering Lord he must have a suffragane Bishop to exercise some pontifical parts of his office in some part of the Diocie and disburthen him that farre This Suffragane Bishop is to be chosen by the Prince out of the Leits of the two presented by the Diocesan Bishop according to the statute made 26. Henr. 8. cap. 14. Translating of Bishops erecting and changing of Bishops Sees union of Bishoprickes enlarging of Diocies were in time of Poperie Papall cases reserved for the Pope of Rome We say then that the Prince as supreme head and governour of the Church of England is supreme judge in matters of heresie simonie idolatry and all causes whatsoever hath all maner of spirituall jurisdiction united to the crowne may commit the exercise and execution of the same to others also so that they bee naturall borne subjects may conferre benefices and consequently give Pastors to flockes may choose Bishops without Dean and Chapter receive appellations abbrogate canons abolish infamie and restore the infamous to dignities grant dispensations in all causes where the Pope was wont to dispense give Bishoprickes and lesser benefices in commendams enlarge contract unite divide Diocies c. And this hee may whether he be a Christian or not so that he be righteous possessour of the Crowne for all the particulars above rehearsed are sayd to be due of right to the crowne so that true or false Christian or infidell male or female man or child have all alike right What is due to the Christian Magistrate is due indeed to him not because he is a Christian but because he is a Magistrate A Christian Prince doth understand better how to use his righteous power then the infidel but hee can claime no further authority then the infidell and his power is onely cumulative as I have sayd not privative Now whether the particulars above rehearsed belong to any Prince whatsoever be he true or false Christian or infidell I think him too simple that cannot judge CHAP. 2. Of the High Commission THE High Commission is called commission of jurisdiction in causes Ecclesiastical it is called the high commission by the favourers of it to strike a greater terrour in the hearts of subjects The commissioners are partly civil partly Ecclesiasticall persons as the Archbishops certaine other Bishops Deanes Archdeacons Chancellours some of the secret counsell and of the chief Iudges Courtiers Aldermen sometime the Lieutenant of the Tower the Post-master and others making up a great number But it is not requisite that all these whose names are set down in the kings letters patents should be present at every Session to make up a full judicature but power is given to any three of the number the Archbishop being alwayes one As with us are nominated and appoynted by the Kings letters patents to the number of fortie or fiftie persons Bishops Counsellors Noble men Barons Commissaries Ministers yet power is given to any five of them to make up the full judicature the Archbishops of Saintandros and Glasgow or any one of them being of the number of the five alwayes And as with us so there also graue Counsellours and Iudges and other of honorable respect may well be desired to be present when an incestuous person or some other maâ—efactor is brought before them that their countenance at one time or other may bring credit to their great authority But when a minister or any other godly professour is to bee troubled for nonconformity or writing against crossing and kneeling or having or spreading of bookes touching reformation of abuses and corruptions in the Church then are they not desired lest being present they should perceive the mysteries of their iniquitie by which they uphold their pompe and Lordly Domination If there be a courtier or new upstart that favoureth them or dare not controll them hee may well be advertised to be present The Archbishop hath power to associate unto himselfe any two nominated in the Kings letters parents whether they bee
Metropolitan Ye may see that this part of his function also is not of divine institution that is so dependant and changeable at the pleasure of princes as they confesse themselves Neyther is it requisite of necessity to haue a Metropolitane to convocate Synodes for Synodes at the first assembled without Metropolitanes And in our age both in our owne and other reformed Churches Synods have assembled where there is no Metropolitane Nay rather Synods would be more frequently convocated if they were altogether removed it is so farre from the truth that either we cannot have Synods unlesse we have Metropolitanes or that God hath ordained in his word that they should convocate Synodes For we haue no Synods Metropoliticall but onely Diocesan since Metropolitans have beene set over our heads nor yet national but seldome and dressed before hand for their purpose If it be not of divine institution that the Metropolitane should convocate Provinciall Synods neither is it to moderate And as for necessity there is none as experience of our owne and other reformed Churches can beare witnesse yea in their owne last Synode Banâ—roft Bishop of London was president It may be that it was his Papsticall office which hee had of old For in the Catalogue of the seventy Archbishops Canterbury is made the head of all â—ur Churches all Bishops sworn to Canonicall obediâ—nce of that Archbishop and defence of all privileges and liberties of that seat Where the Bishop of London is his Deane to call Synods to publish his decrees to make returne of the execution Winchesteâ— his Chancellour Lincolne his Vicechancellour Salisbury his Chaunter Worcester his Chaplaine Rochester his Crosse-bearer As Archbishops 1. in receiving of and answering to appellations interposed made from his Suffragane Bishops 2. In visiting the whole Province according to the lawes and custome As the Bishops haue suffragane Bishops under them so the Bishops themselves are Suffraganes to the Archbishop They are not his suffraganes as he is Metropolitane but as he is Archbishop So that as Archbishop he hath greater authority then he hath as Metropolitan For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop neyther by receiving appellation nor by way of visitation But as Archbishop he may receive appellations and visite the Dioces of his Province without a Synode as being not onely superiour in honour and prioritie of order but also in power of jurisdiction And for this his greatnes which he attained unto he beareth the proud title of Archbishop The old Bishops knew no other but a Metropolitane the Provinciall Synode assembling twice in the yeare to the which appellations were made It is troublesome say they to call Synodes so often Dioces are so large and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided Here a notable tricke First they say it is needfull to haue Synodes and therefore needfull to haue a Metropolitane This againe they crosse and say there is no need of Synods it is difficile and incommodious to have two provinciall Synods in the yeare as of old The Archbishop may doe all that the Synode did receive appellations visit and correct the excesses and defects of other bishops onely he may not make Canons and Ecclesiastical lawes without a Synod Neither is there any need of new Canons the old are sufficient But I would demand why Synods may not be so easily and so often convocated as of old Is it because they have their Diocies extended over one two or three Shires and the province extended almost as farr as the kingdome as Canterburies province in England and Saintandros in Scotland Their wings should be clipped their Diocies and provinces contracted and multiplied if that the Discipline of the old Bishops were to bee preserved that Synods may assemble But before they loose any part of their extensive power and large impire they will rather reteine the corrupted discipline brought in under Antichrist If they will say on the other side the Diocies were as ample of old then why doe they pretend to their loytering in their owne or the Kings palaces the distance of their Diocies And if they will not convocate Provinciall Synods twice in the yeare what is the reason that they will not convocate once in the yeare or as was concluded in the Councell of Basile once in three yeare Yee may see that this corruption is so grosse that it was palpable in the time of most palpable darknesse Againe Synods did not assemble onely to make Canons but also for to put order to all causes Ecclesiasticall Farther there is continuall occasion to make new Canons and also to reforme or repeale old corrupt canons Neither doe Synods need to stay long upon appellations if the Church should meddle onely with causes properly Ecclesiasticall and the ancient judicatories inferiour were restored of presbyteries and consistories But to medle with tythes testamentarie and matrimoniall matters and to set up Archdeacons Officials and Chancellours and the rest of that â—able it may well procure moe appellations then a grave and godly Synode should be troubled with When all is done yet Canterburie doth not nor will not take the pains as by himselfe to decide the appellations Hee hath â— Court which they call the Court of Arches wherein sitteth as Iudge the Deane of the Arches he hath to doe with appeales of all men within the province of Canterbury Advocates there be in this Court 16. or moe at the pleasure of the Archbishop all Doctours of law two Registers and ten Proctors And another Court not unlike unto this which they call the Court of Audience which entertaineth the complaints causes and appeales of them in that province So yee see what way the ancient Synods are gone Neither to direct by making Canons nor to execute them being made should bee permitted to the pleasure of one man And yet by the way remember that the Prince with advice of the Metropolitane may make Canons also Howbeit the Archbishop be made up with the spoiles of the provinciall Synode his grace may not attend on the â—â—scharge of the Synods care and jurisdiction And whereas he may visit if he please the whole Diocies of his province doe yee thinke hee will take the pains himselfe who then shalâ— attend on Court and Councell Yea I suppose that seldome hee sendeth his Chancelour or any other for him By the Canons of the Councell of Trent the Archbishop may no visit the Diocie of another bishop unlesse the cause and necessitie be first tried in the provinciall Synod so that the fathers of that superstitious and bloudy councell were ashamed of the Archbishops exorbitant power which the English retaine And the English say that during the time of the Archiepiscopall visitation whereby the jurisdiction of the ordinary is suspended that Ecclesiasticall iurisdiction which hee practiseth hee doth exercise from and under the Archbishop as his
authorised by the statute whereupon the Commission is founded which I have set down in the beginning of the first chapter For it was ancient jurisdiction Ecclesiasticall which was restored to the Crown in that act and meant to be executed by the Commissioners as Nicholas Fuller avowed in the defence of his Clients But to fine imprison and force any person to accuse themselves upon their own enforced othes their being no accuser known nor accusation libelled he proved was not ancient jurisdiction Ecclesiasticall but brought in in the second yeere of â— Hen. the 4. In the record of the worthy proceedings of the House of the Commons at the Parliam holden 1610 we have this greivance Secondly for that whereas by the intention and words of the sayd statute Ecclesiasticall jurisdiction is restored to the Crowne and your highnessly that statute inabled to give onely such power Ecclesiasticall to the sayd Commissioners yet under colour of some words in that statute whereby the Commissioners are authorized to execute their commission according to the tenour and effect of your â—ighnesse letters patents and by letters patents grounded therupon the sayd Commissioners do fine and imprison and exercise other authority not belonging to the Ecclesiasticall jurisdiction restored by that statute which wee conceive to bee a great â—â—rong to the subjects Aud that these Commissioners might as well by colour of these words if they were so authorized by your Highnesse letters patents fine without stint and imprison without limitation of time as also according to will and discretion without any rules of law spirituall or temporall adiudge and impose utter confiscation of goods forfeiture of lands yea the taking away of limme and of life it selfe and this for any matter whatsoever pertaining to spirituall jurisdiction Which never was nor could bee meant by the makers of that law To fine and imprison at pleasure are punishments belonging to the temporall sword which Christ hath forbidden his Apostles and all Pastors their successors to use The weapons of their warfare are not carnall but spirituall Christ committed unto them keyes not swords In very deed there is no crueller beast nor more tyrannous then a degenerate Churchman Hee is more insolent and outragious with the Dative sword then Princes are with the Native Why should they not be like their eldest brother that bloody beast of Rome Degenerate Clergimen will either usurpe the power of the temporall sword or take it when it is offered but â—ver abuse it The three commissioners may inflict spirituall censures and punishments as suspension deprivation deposition excommunication They may call for a Priest comand him to denounce and declare in some Cathedrall Church or other publick place the offender to bee excommunicated but they enquire cognosce decerne and pronouuce the sentence of excommunication in their Court and the excommunicate may be denounced long after and howbeit the Priest should pronounce the sentence in judgement yet he should bee onely like the dempster that pronounceth the doome or like the hangman or poore slave directed by the judge hee neither inquireth cognosceth nor decerneth Yet if ye think the coÌ„missioners may excommunicate because the Archbishop is present ye are deceived for his power in the high commission is not Episcopall nor Archiepiscopall but delegate onely from the Prince which other assessours not Bishops have as well as he and by this delegate power he with his two associates as I have sayd may inflict this censure upon any subject within England or Ireland which hee cannot doe as Bishop or Archbishop for their jurisdiction ordinary is limited within the bounds of their Diocie or Province When Spottiswood pretended Archbishop of Saintandros was but a rurall minister in Calder and Law of Glasgow a rural minister at Kirkliston possessing onely the rents of Bishoprickes not authorized as yet with the office of Bishops for that pretended Assembly of Glasgow was not yet convocated yet were they armed with power to decern excommunication against any subject within our Realm to command the minister of the offender to proceed against him and if he refused to suspend deprive or ward him They were thus armed immediatly before that pretended assembly with power of warding â—ining imprisoning suspending degrading and decerning excommunication without the consent of the Church or approbation of the Estates that they might wring out of the hands of the Kirke at that corrupt and pretended Assembly EpisEpiscopall jurisdiction which many times they protested never to usurp before and without the free consent of the Church obtained thereunto O perfidious violence What we have said of excommunication may be likewise said of suspension deprivation and deposition The Archbishop doth not suspend or deprive as Archbishop but as the Kings Delegate Iudge and Commissioner by which power he may suspend or deprive Ministers out of the bounds of his ordinarie jurisdiction which no Bishops or Archbishops may doe by their ordinarie power We had a late example in our own Archbishops about two yeares since for when Mr. Spotiswood was at Court Mr. Law pretended Archbishop of Glasgow suspended Mr. Blyth and Mr. Forrester from their ministerie which he could not doe as Archbishop for they were neither within his Diocie nor his province He did it then as head of the Commission sitting for the time that is by a delegate power from the King To let passe that at that same vile Assembly no mention was made of Archbishops and paction was onely made with these men who had the benefices for which vulgarly they were called Bishops that excommunication suspension deprivation and deposition should not be coÌ„cluded without theÌ„ not that they might suspend deprive excommunicate by themselves and at their pleasures in the high Commission or any where else but according to the damnable Canons made by that wofull but pretended and null Assembly Farther the Prince may inable one or moâ— lay men with this same commission wihout mixture of Ecclesiasticall persons It is then an extraordinary power wherewith they are inabled by the Prince to suspend depose and excommunicate But the Prince hath not this power himselfe and therfore by no right of Gods law may he communicate this power unto them and it is a proud usurpation over the Church to them to receive it or exercise it In the Parliament holden 1592. some acts which were made in that turbulent time of the 1584 yeare were repealed as followeth Item our Soveraigne Lord and Estates of Parliament foresayd abrogates cassis and annulls the act of the same Parliament holden at Edinburgh the sayd yeare 1584. granting commission to Bishops and other iudges constitute in Ecclesiasticall causes to receive his highnesse presentations to benefices to give collation thereupon and to put order in all causes Ecclesiasticall which his Maiesty and estates foresayd declares to be expired in the selfe and to be null in time comming and of none availe force nor effect Not withstanding of this repealed commission our
perfidious Prelats haue resumed the same again without any law reviving it But let us proceed and heare what is recorded in the worthy proceedings of the Parliament above mentioned The Act is found to be inconvenient and of dangerous extent in divers respects 4. for that every pettie offence pertaining to spirituall jurisdiction is by the colour of the said words and letters patents grounded therupon made snbject to excommunications and punishment by that strange and exorhitant power and commission whereby the least offenders not committing any thing of any enormous or high nature may be drawn from the most remote places of the kingdome to London or yorke which is very grievous and inconvenient These three Commissioners being armed with double vengeance and power of both swords temporall and spirituall may strike a man at one strike in one sentence for one and the selfe same fault both with temporall and Ecclesiasticall censures and punishments They may depose and imprison a minister at one time for one offence they may fine and excommunicate at one time c. Againe they may punish the same offence in one person with a fine in another with imprisonment in the third with excommunication in the fourth with deprivation For their owne pleasures and discretions and not the lawes ar the rules of their censures and punishments Let us see what is recorded in the grievances Therein to wit in the Commission grounded upon the statute is grievance apprehended thus First for that therby the same men have both spirituall and temporall iâ—risdiction and may both force the partie by oath to accuse himselfe of an offence and also inquire thereof by a jurie and lâ—stly may inflict for the same offence at the same time and by one and the same sentence both spirituall and temporall punishments 2. wheras upon sentences of deprivation or other spirituall censures given by force of ordinarie jurisdiction any appeale lyeth for the party grieved that is heere excluded by expresse words of the commission Also heere is to be a tryall by Iurie yet no remedie by traverse not attaint Neither can a man have any writ of errour though a judgement or sentence be given against him â—â—â—â—unting to the taking away of all his goods and imprisoning him during life yea to the adjudging him in the case of premumire whereby his lanâ—s are forfeited and he out of the protection of the Law 3. That wheras penall lawes and offences against the same cannot be determined in other Courts or by other persons then by those trusted by Parliament with the execution therof yet the execution of many such Statutes divers whereof were made since 1. Eliz. are commended and committed to these Commissioners Ecclesiasticall who are either to inflict the punishments contained in the Statutes being Premunire and other high nature and so to inforce a man upon his owne oath to accuse and expose himselfe to these punishments or else to inflict other temporall punishment at their pleasure And yet besides and after that done the parties shall bee subiect in Courts mentioned in the acts to punishment by the same acts appointed and inflicted which we thinke were unreasonable The three Commissioners may not onely enquire and try but also judge in all causes Ecclesiasticall in causes of heresie simonie idolatry c. It is I grant provided in the statute 1. Elizabeth that they shall not in any wise have authoritie or power to order determine or adiudge any matter or cause to he heresie but onely such as heretofore have been determined ordered or adiuged to be heresie by the authoritie of the Canonicall Scripture or by the first 4. generall Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plaine words of the said Canonicall Scriptures or such as heereafter shall be ordered iudged or determined to be heresie by the high Court of Parliament of this Realme with the assent of the Clergie in their Convocation This provision is no limitation unlesse wee will say that without the limits of the Canonicall Scripture there are some heresies determined which are not determined within the bounds of the Canonicall Scripture Seeing then they may determine in all he resies determined in the Scripture they may determine in all herefies whatsoever and may affirme that to bee determined for heresie in the Scripture which is orthodoxall If the commissioners the Princes delegates may be judges in all causes of herefie farre more is the Prince himselfe by their lawes and that without the provision foresayd wherwith the delegate commissioners are circumscribed These three Commissioners have power to receive appellations from other inferiour courts Ecclesiasticall like as the five with us have power by the Kings letters patents to receive and disusse all appellations made to them from any inferiour Ecclesiasticall Judges and to inhibite the said Ecclesiasticall judges to proceed iu any matter which they shall hold to be improper for them wherin they shall perceiue the said Iudges to have behaved themselves partially advocating the said matters is their own judgment See the commission renewed Anno 1618. So they may draw to themselves any cause whatsoever agitated in inferiour courts not onely at the appellation of any notorious villaine pretending grievance but also by advocation when they shall construe the cause to be unproper or the proceedings of the infeâ—iour Court to be partiall In the narrative of the proclamation it was pretended that this high commission is erected to stay advocation of causes granted by the Lords of Councell and Session That forasmuch as it hath bene compleaened by the Archbishops Bishops and other Ministers of that his Maiesties Kingdome that advocations and suspensions are frequently granted by the Lords of Councell and Session unto such as bee in processe before them and their Ecclesiasticall Courts for offences committed whereby offenders are imboldned continuing in their wickednesse and â—ing the said advocations and suspensions or meanes to delay their tryall and punishment Therfore c. Complaint hath been made sometime by ministers and suit to stay advocations that the ordinarie indicatures Ecclesiasticall might proceed to their censures without stop but not to change advocations Are the Archbishops and Bishops with their associates honester and more conscientions men then the Lord of Councel and Session An ambitious and covetous Clergie-man is of all men the most vile and prophane Did the Bishops complaine why do they then advocate causes from inferiour Courts Ecclesiasticall seeing they have usurped the sway of proceedings in Courts Ecclesiasticall to themselves Doe they accuse themselves of partialitiall proceeding in inferiour courts or handling improper causes and will these same men bee lesse partiall and more conscientious in the high Commission If no censure can take effect without their approbation and appellations should ascend from inferiour courts to superiour courts and Synods wherefore will they rather advocate causes to this extraordinary court of high
commission In England if a man stand wilfully fourty daies together excommunicate and be accordingly certified by the Bishop into the Chancerie that then he is to be committed to prison by vertue of a Writ directed to the Shriefe as it is sayd in the Apologie of certaine proceedings in courts Ecclesiasticall And in a wrâ—â— de excommunicato capiendo it is sayd quod potestas regia sacrosanctae Ecclesiae in querelis suis deessâ— non debet The ordinarie lawfull courts Ecclesiasticall farre more then should be aided and assisted by the secular power and not molested or stopped The truth is that this high commission is erected to suppresse the libertie of the Kirk to maintain the usurped power and tyrannous domination of our perfidious Prelates over Synods generall Provinciall Presbyteries sessions to effectuate the intended conformity which they know they will never get done in Synods and Presbyteries unlesse the terrour of this high commission were standing above their heads And therfore when they urge conformity they haue their recourse to this weapon or in Synods and Presbyteries men are terrified with the feare of it This is their strong castell out of which they command and hold in slavery bondage the whole citie Here the Bonifacian Prelats stoutly draw the two swords fine consine suspend deprive imprison c. But the couragious souldier fighting the Lords battell will not bee borne downe with any such outrages and terrours Now as they receive appellations from inferiour courts no appellation can bee made from these three or our five suppose their injustice and tyranny cry never so loud I wonder if the heart of any faithfull Patriot let be conscientious professour can digest this These three Commissioners may appoynt inferiour Commissioners from whom also as subdelegates they may receive appellation I will add out of the record of the grievances of the house of Commons these considerations First out of the statute that the said act is found to be inconvenient and of dangerous extent in divers respects for that it inableth the making of such a commission as well to any one subiect borne as to more Item for that by the sayd Statute the King and his successors may howsoever your Maiestie hath beene pleased out of your gracious disposition otherwise to order make and direct such commission into all the Countries and Diocesses yea into every parish of England and therby all causes may be taken from ordinary jurisdiction of Bishops Chancellers and Arch-deacons and Lay-men solely be inabled to excommunicate and exercise all other spirituall censures For that limit touching causes subiect to this commission being onely with these words viz. such as perteine to spirituall or ecclesiasticall jurisdiction it is very hard to know what matters or offences are included in that number And the rather because it is unknown what ancient Canons or lawes spirituall are in force and what not from whence ariseth great uncertainty and occasion of contention Out of the commission grounded upon the statute That the commisson giveth authoritie to inforce men called into question to enter into recognisance not onely for appearance from time to time but also for performance of whatsoever shall be by the Commissioners ordered And also that it giveth power to enjoyn parties defendant or accused to pay such fees to ministers of the Court as by the Commissioners shall be thought fit As for the execution of the commission it is found grievous these wayes among other 1. For that lay men are by the commissioners punished for speaking otherwise then in iudiciall places and courtes of the simonie and other misdemeanours of spirituall men though the thing spoken be true and the speech tending to the inducing of some condigne punishment 2. In that these commissioners usually appoynt and allot to women discontented at and unwilling to live with their husbands such portions allowances for present maintenance as to them shall seem fit to the great encouragement of wives to be disobedient and contemptuous against their husbands 3 In that their pursevants or other ministers imployed in the apprehension of suspected offenders in any things spirituall and in the searching for any supposed scandalous bookes use to breake open mens houses closets and deskes rifling all corners and secretâ— custodies as in cases of high treason or suspition therof Their commission is grounded upon a statute and act of Parliament howbeit it agreeth not with the statute Wee have not so much as a shew of a statute for commission of jurisdiction in causes Ecclesiasticall and yet our usurping Prelates tyrannize over loyall subjects faithfull Patriots conscientious professours deserted by these who will be counted fathers of the Common wealth left open and naked to their violent rage without any protection of the law as if they were but the vile off scourings of the land Will not the estate in Parliament redresse this proud usurpation Shall the house of Commons in their Parliament bee grieved not onely at the exorbitant power of this high commission but also at the statute it selfe and shall our nobles and inferiour estates not be grieved at our usurped commission Or will they suffer the like statute and make the countrey mourn and groane for it the next day as our neighbours have done Can Princes or estates give power of spirituall censures either to lay or spiritual men Or may they lawfully put the temporall sword in the hand of Pastors Or may spirituall men as they call them accept it If neither can be done how can the estates erect ratifie or suffer such a commission What is this but the Spanish inquisition Set me up this throne Satan shall set up Papistry or any other religion whatsoever in short processe of time For they sit at the rudder and may turn religion as it pleaseth them and when they see fit occasions and themselves to have able power CHAP. 3. Of the dignitie and power of Archbishops in England THis proud name of Archbishop is not to be found in all the Scripture It was not attributed to any common Metropolitans at the first but to the renowâ—ed and mightie Giants the Patriarches of Constantinople Antioch Alexandria and Rome who were mounted farre above Metropolitanes when the time was neere that the Antichrist should be mounted on horsebacke But after that he was mounted then Metropolitanes that they might keepe some proportion with their head were lifted up to a degree of power above other Bishops invested into an office that the book of God the Apostolical Church never knew to consecrate Bishops to convocate Synods to receive appellations froÌ„ the courts of inferior Bishops to visit the Diocies of other Bishops within the Privince A Diocesan Bishop that is a Bishop over many flockes and Pastors of one Diocie was unknown to the Apostles far more a Bishop of Bishops a provincial Bishop an Archbishop having iurisdiction and power over the comprovinciall Bishops The Church being for the most part within
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
of God howbeit he doth it in effect and so doth the Archbishop For simonie non-residencie pluralitie of benefices readmission after the irregularitie of apostasie observation of superstitious dayes and times not eating of flesh in Lent and forbidden dayes which are here expressed are repugnant to the law of God Therefore he may take the like libereie in usurie perjurie incest mariage within degrees of the Leviticall law and the rest of the cases and causes which were reserved to the Pope of old It is not without reason then that the authours of the Admonition call this Court a filthy quagmire and poysoned plash of all abbominations seeing the filth of all these abominations are washed here and the guiltie person commeth forth after the Archbishops dispensation as white as snow leaving his filth behind in that Court Beside the Prerogative Court the Court of Arches the Court of Audience the Court of Faculties the Archbishop hath yet another Court called the Court of Peculiars which dealeth in certaine Parishes exempt from the Bishops iurisâ—iction in some Diocesse and are peculiarlie belonging to the Archbishop of Canterburie Hee hath also inferiour Courts such as other Bishops have You see then Canterburie is a petie Pope or according to Bancrofts reckoning a vice-pope made up of the old spoyles of comprovinciall Bishops and Synods and also with the new spoyls of the Pope beeing armed beside with the Kings delegate temporall power in the High Commission and so greater in his intensive power then ever he was in time of Poperie And when the union shall be accomplished shal be greater in his extensive power also with his Courts over-ruling our Nation and shall be vice-pope of this little World O if faithfull Patriots would forsee and prevent this The least of their Ceremonies will prepare a way to this mischiefe CHAP. 4. Of the Dignitie and Power of English Bishops IN the former chapâ—er we did onely give not grant superiorite of Bishops over Pastors which being supposed we medled onely with the vnlawfull power and dignitie of Archbishops but the truth is that the superioritie of Bishops over Pastors is unlawfull also By divine Law one Pastor is not superiour in degree above another no more then one Apostle or Euangelist above another Apostle or Euangelist The name of Bishops was not appropriate to any eminent rank of Pastors but was common to all as may be seene Act. 20. Philip. 1. 1. Timoth. 3. Tit. 1. 1. Pet. 5. And that their office was also common may be sene in the same places from whence Hierome in his Epistle to Evagrius doth conclude that a Bishop and Presbyter was all one And in his Commentarie on the Epistle to Titus cap. 1. that communi Presbyterorum consilio Ecclesiae gubernabaÌ„tur the Churches were governed by the joynt advice of Presbyters Our Opposites say that government was onely private in the inner court the court of Conscience not publicke in the externall court or Consistorie It was so in the time of Poperie when the Priests were excluded from the externall governement of the Church which Bishops did vendicate to themselves and their Courts the poore Priest having no further power then to receive privately auricular confession ponder the weight of secret faults and accordingly to enjoyne pennance But Hierome speaketh not of a severall but of a common councell and joynt care of many assembled together For this private government in the inner Court of conscience was not onely then but continueth to this day wherby every Pastor may deal with the consciences of any of his own flock But Hierome speaketh of a government which was altered after the Apostles times and different from the Episcopall government which followed When the Churches were thus governed in common by joynt advice of Presbyters they had not a perpetuall President or as we use to speake a constant Moderator who had this preeminence during life set over them to moderate the common Meetings but they choosed their Presidents and changed them as they thought fit No Pastor could claime this prioritie of order and direction of the common Meetings as belonging to him of office The Apostles did no where institute this same small difference of Pastors that some during life should be moderators of the rest let be that majoritie of rule and superiority in power which Bishops doe claime The Pastors who were at Alexandria the first we read to have set up a constant Moderator to whom also they did appropriate the name of Bishop This was the beginning of that great mischiefe which followed This was the Cockatrice egge out of the which Antichrist himselfe was hatched For this perpetuall Presidencie and prioritie of order did degenerate in superiority of power and majoritie of rule and the Bishops growing to some grandeur they behoved to have an Archbishop and at last a Pope So that if a Bishop had not beene a Pope had not been and if there had not been a Pope the great Antichrist had not been Boni-gratis supposed to be the author of the Treatise de aetatibus Ecclesiae wondereth that the Popes Monarchie should arise from so small a beginning But the Apostle telleth us that that iniquitie was a Mysterie and that this Mysterie was working under ground even in his time For even the Apostolicall times wanted not a proud Diotrephes loving preeminence A little seed will bring forth a great Tree If the Discipline had not beene corrupted as well as doctrine the great Antichrist could not have risen All the errours and heresies in doctrine and matters of faith which have entered in the Church could not have brought him in unlesse errour and corruption in the government had entred in also for unlesse this had been he could pretend no claime at all to governe and rule I come therefore to our English bishops Let a man travell through Italie where the Pope is or Spaine where the Spanish Inquisition is he shall finde no difference betwixt the power of an Italian Spanish or English bishop The English bishop is the same now for power and greatnesse that hee was an hundred years since in the time of poperie There are foure things chiefly to bee considered in him First the derivation of his power 2. the sole exercise of his authority 3. the deputation of this his authoritie 4. his extensive power As for the first they are not bishops as we have sayd iure divino by divine institution or right nor cannot bee Neither are they Bishops by humane law that is the constitutions of the ancient Church which imprudently and unhappily set up the first bishops erring in taking up right the nature of Church government and the qualities of the Antichrist who was to be revealed but in the full time For they are not of that kinde of Bishops which ruled together with the Presbyterie or Ecclesiasticall Senate but they are bishops by the Municipall law of the land onely in the judgement of the lawes For all their
iurisdiction power is united and anexed to the crown from whence it is derived as from a source unto them and by law they are bound to make their proces and writings in the kings name and not in their own names and that their seals should be graved with the Kings armes as I have already declared in the first chapter It is true that they make processes in their owne name and use their own seals but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite in chiefe of the king their Episcopall power and jurisdiction is not changed for all that want of formalitie as before I have cleared out of Bishop Farrars answer Sir Edward Cooke in the 5. booke of his Reports doth prove That the Function and Iurisdiction of Bishops and Archbishops in England is by and from the Kings of England and concludeth that though the proceedings and progresse of the Ecclesiasticall Courts run in the Bishops name yet both their courts and lawes whereby they proceed are the Kings as M. Sheerwood in his Reply to Downam doth report So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King If ye will call that authoritie civill then actions of a spirituall nature are performed by a civill authoritie which is absurd But seeing this is impossible that civill authoritie can be elevated to so high a nature it must follow that it is truely spirituall power which is united to and derived from the possessor of the Crown I meane in the estimation of men and judgement of the Law howbeit in it selfe and by Gods Law it cannot be done It followeth therefore that all the Iurisdiction properly spirituall which the English Prelates doe exercise as Prelates is unlawfull how soever they have the warrant of mens Lawes It is but onely to save their own credite that they have set Downam Bilson and other their friends on worke to plead that Bishops are above Pastors jure divino by divine Institution which they are not able to prove Next is to be considered their sole authoritie which is censured by Sir Francis Bacon now Chancellour of England after this manner There be two circumstances in the administration of Bishops wherein I confesse I could never be satisfied The one the sole exercise of their authoritie The other the deputation of their authoritie For the first the Bishop giveth orders alone excommunicateth alone judgeth alone This seemeth to bee a thing almost without exemple in government and therefore not unlikely to have crept in in the degenerate and corrupt times We see that the greatest Kings and Monarches have their councell There is no temporal Court in any land of the higher sort where the authoritie doth rest in one person The Kings bench common pleas and the Exchequer are benches of a certain number of judges The Chauncellour of England â—ath the assistance of 12 masters of the Chauncerie The master of the Words hath 4 Councell of the court so hath the Chauncellour of the Dutchy In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour and the Barons The Masters of Requests are ever more then one The justices of Assize are two The Lord President in the Marches and in the North have Councell of divers The Starre Chamber is an Assembly of the Kings privie Councell aspersed with Lords spirituall and temporall So as in all the Courts the principal person hath ever either colleagues or assessours The like is to be found in other well governed kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will deny but the acts that passe by the Bishops iurisdiction are of as great importance as those that posse by the civill Courts For mens soules are more pretious then their bodies and so are their good names Bishope have their infirmities and have no exception from that generall malediction against all men living Vae soli nam si ceciderit c. Nay we see that the first warrant in spirituall causes is directed to a number Dic Ecclesiae which is not so in temporall matters And wee see that in generall causes of Church government there are as well assemblies of all the Clergie in councels as of the Estates in Parliament whence theâ— should this sole exercise of jurisdiction come Surely I doe suppose and I doe thinke upon good ground that ab initio non fuit ita and that the Deanes and Chapters were councells about the Seas and Chaires of Bishops at the first and were unto them a Presbyterie or Consistorie and medled not onely with the disposing of their revenues and endowments but much more in jurisdiction Ecclesiasticall But that is probable that the Dean and Chapter stucke close to the Bishop in matters of profit and the worlds and would not loose their hold But in matters of jurisdiction which they accounted but trouble and attendance they suffred the Bishops to encroch and usurpe and so the one continueth and the other is lost And we see that the Bishop of Rome fas est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall iurisdiction as in Consistorie And whereof consisteth this his Consistorie but of the parish priests of Rome which terme themselves Cardinals a Cardinibus mundi because the Bishop pretendeth to bee universall over the whole world And hereof againe we see divers shadowes yet remain in as much as the Deane and Chapter pro forma chooseth the Bishop which is the highest poynt of iurisâ—iction And that the Bishop when hee giveth orders if there be any ministers casually present calleth them to ioyne with him in imposition of hands and some other particulars And therefore that seemeth to me a thing reasonable and religious and according to the first institution that Bishops in the greatest causes and those which require a spirituall discerning namely the ordaining suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterward touched in sentencing the validitie of marriage and legitimations in judging causes criminous as Simonie incest blasphemie and the like should not proceed sole and unassisted which point as I understand is a reformation that may be planted sine strepitu without any perturbation at all and that is a mater which will give strength to the Bishops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish thiâ— strength given to your Bishops in Councell so that is not unworthy your Majestiesâ— royall consideration whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house which was then restreyned when the state of the Clergie was thought a suspected part of thâ— Kingdome in regard of their late homage to the Bishop of Rome
satisfactions For remeâ—d of corporall pennance the offendour may obteine a redemption for some peeee of money and this is called commutation of pennance and so the sheete pennance is turned into a purse pennance If the corporall pennance be ordeined to a spirituall end as they say to afflict the body or outward man for humbling of the soule how can it be exchaÌ„ged in a pecuniarie mulct which hath no such operation with it especially with the greater sort or did they ever read of the like but in the dark dayes of poperie Buriall they deny to such as are strangled for felonie usurers and others excommunicated by their offiâ—ialls and Chancellours The censures and punishments peculiar to ecclesiasticall persons are not all of one nature For some arise upon their medling with causes civill howbeit abusiuely called ecclesiasticall as the sequestration of the fruits of a benefice and giving them for a time to the custodie of another for to defend some mans right or to chastice the cotumacie of the owner which sequestration if any man violate he is to incurre the greater excommunication by the old constitutions of the English Church sayth Muckâ—t But seeing the originall of it is but temporall it belongeth nothing to Ecclesiasticall Consistories Deprivation is the removing of a beneficed man from his benefice A benefice is a mans freehold and therfore seing his livelihood consisteth it he ought not to be removed from it at the pleasure or judgement of one man There is no difference betwixt deposition and degradation but that deposition is verball inflicted by the sentence of the judge degradation is real as when the Ecclesiastical person is denuded or unclothed of the garments ensigns of his order in presence of the civill Magistrate to whom he is relinquished to bee punished for heresie or some other great capitall crime Vntill this be done they are exemed from the stroke of the Magistrates sword after the old papistical manner for to what use else serveth this degradation This censure of deposition as the rest is in the hands of one man alone D. Field affirmeth howbeit otherwise one of their owne that the Bishop may doe nothing in matters of greatest moment and consequence without the advice and presence of presbyters and in especial that he may not deprive depose or degrade by himsâ—lfe alone and proveth it out of the 3. and 4. Councell of Carthage That by the late Canons in pronouncing the sentence after the proces ended before the Chauncelour Commissarie Officiall the Bishop should have the assistance of his Chauncelour the Deane and some Prebendaries or the Archdeacon is no point of reformation as they pretend for these are onely their servants and followers which are to them as the shadow to the body It is sayd in the Canon law that the consistorie of the Bishop and the Chauncelour or principall official is all one therefore a man may not appeale from the Officiall principall to the Bishop and the Archdeacon is called oculus 〈◊〉 the Bishops eye Further they observe the Canon but as it pleaseth them for there is no sanction added unto it These are the censures punishments which are the sinewes of their ordinarie jurisaiction by as they are 〈◊〉 commissioners or haue civill callings committed to them by the Prince they have their prâ—sons as Clinke Gatchouses Colehouses towres and Castles both for laymen and ecclâ—siasticall persons The jurisdiction it self is eyther voluntary or contentious Voluntary jurisdiction is when the person with whom the Bishop dealeth doth not stand against it Contentious is when such causes are handled against which some partie standeth or else dealt with therby against his will For it is to be thought that the party defendant will not willingly compeir and unlesse he be compelled and therefore is presumed to come against his will Voluntary jurisdiction is established eyther by statute or by the Municipall lawe or by the Municipal law confirmed by the eccâ—â—siasticall or by the ecclesiasticall confirmed by the Municipall 1. By the statute as 1. to grant licence for a time to eate flesh upon forbidden dayes 2. that any being approved â—ay exercise Phâ—sicke or Chirurgetie or instruct children in that Diocie 3. to unite and consolidaâ—e lesser Kirkes according to a statute made thereanent 4. to assist civill Iudges in executing certaine statutes which concerne Ecclesiasticall causes 5. to collect tenthes and subsidies duc by Ecclesiâ—sticall persons and that either by taking a stresse or by Ecclasiasticall censures The 1. is superstitious the 2. is impertinent except that part which concerneth Schoolemaisters but that should not be at his sole disposition The petition to the Queen relateth that liâ—ences are granted to Scholmasters for money to teach The 3. likwise is not to be ordered at his will and may very wel be ordered without him So may the 4. if it were needful The 5. is not an office competent to his calling neither is the maner of exacting to be allowed By the Municipall law as 1. to certifie at the kings rescript the civill Iudges of Bastardie and unlawfull Births of lawfull and unlawful marriages 2. to require the kings rescript for burning a pertinacious heretick already condemned 3. to require the kings rescript for coÌ„mitting to prison the person which persisteth with an obstinate mind excommunicate 40. dayes The 1. may be done other by them or without them The 2. for the kind of punishment and forme of proceeding is a part of the Maximinian law which was made in the time of K. Henry 4. whereof the â—ath ex officio is the other part The 3. is used after this manner If one be excommunicate for the smallest trifles in their Courts or for a supposed offence where there is none indeed if hee stand wilfully 40. dayes together excommunicate and accordingly certified by the Bishop into the Chauncerie that then he is to be committed to prison by vertue of a writ directed to the Sheriffe sayth the authour of the Apologie of certain proceedings in Courts Ecclesiasticall Neither is intimation at the common law required but these certificats mention onely in generalitie the parties coutumacie and disobedience The effect of the writ de excommunicato capiendo is two-fold 1. upon the certificate of the Bishop the party excommunicated is to be debarred action in all the Queenes Courts 2. the partie is to be imprisoned and is not to be delivered unlesse he submit himselfe to the Bishop except he hath appealed to a superiour Ecclesiasticall judge By the municipall law and confirmed by the Ecclesiasticall as 1. to cause the testaments of the deceased to be proved and registrate 2. to grant the administratioÌ„ of the goods of him who died intestate to the neerest kinsman 3. when no man will enter here to command to collect and keepe in custodie Bona caduca 4. to cause account to be rendred of the savd administration and to approve and reject the same as law
of conjunction and dissolution in the word the Church is to see that that order and these caveats bee observed which are contained in the word For it may fall out that both in binding up of marriage they may commit incest and in dissolving without a just cause may offend also It is the Churches duty to prevent and remove such offences But of other lawes civil and municipal they are not executors These lawes which are divine are of a mixt nature These which are civill belong onely to the civill Magistrate The Churches part is transferred to the cognisance of officials to whom it doth not belong And therfore Beza concerning this abuse writeth thus Sed quorsum hoc ad officiales promotores procuratores totam denique illam procorum colluviem quae Ecclesiam Dei iâ—mprideÌ„ devastat quorsum hoc ad illa non Ecclesiae tantuÌ„modo Christianae verumetiaÌ„ universi mundi de But what maketh this sayth he for officialls promoters Proctors and all that filth of swine which now a long time doth waste the Church of God What is this to these shamefull staines not onely of the Christian Church but also of the whole world Further beside the Churches part which is to take heed to offences and breach of Gods law they have taken the Canon law for the rule of their proceedings both in spousalls mariages and divorces And thirdly have taken in debts and dowries goods and chattels which are accessorie to marriage to judge upon and this must be called Ecclesiasticall cognisance Lastly these causes are of such weight that they are not to be committed to the skill or conscience of one base officiall It is observed by the author of the Assertion for Christian policie that mens inheritances many times hang in suspence upon question of lâ—gitimation or illegitimation of their children to be allowed or disallowed by the Canon law and that many Knights Esquires and Gentlemen doe complaine and bewaâ—le the stealing away and mariages of their daughters neeces neere kinswomen or wards Couples have been married and lived together 4 6 or moe yeares as man and wife and upon a new and sudden dislike and discontentment or upon a surmised precontract pretensedly proved by two suborned witnesses by vertue of the Canon law the husband was adiudged no husband the wife no wife Another example he relateth of one solemnly maried to a wife and after by reason of a precontract solemnly divorced from the same wife and compelled by censures of the Church to marry her for whom sentence of precontract was adjudged and yet authorized by the same consistorie about ten or twelve yeares after the divorce to resummon recall and rechallenge his first wife she having a testimoniall out of the same consistorie of her lawfull divorce and being againe solemnly maried to another husband Licences of mariage have been granted out of their Ecclesiasticall Court with a blanke So the partie licenced was enabled if it had been their pleasure to marry another mans wife or his wives sister Many moe grosse absurdities are there alledged by thâ— learned authour which the Reader will sâ—arce beleeve But I omit them and many other things which might be sayd anent the particulars set down in this Table Succesâ—â—on to the goods of the deceased is either or him who hath made his testamâ—nt or who hath died intestate The first 〈◊〉 her universall when the plea is for proving or improving the testament exhibited or particular when the suit is for to obtain a cerâ—ain legaâ—ie The sâ—cond is either properly when no testament is made or by way of inâ—estate as when there is none who will take upon them the burthen of executorie In either of the cases the action is either to obtaine the administration of the goods and that eitheâ— simply or with the later will annexed that it may be fulfilled or witâ— the tutorship and to the use of the Minâ—râ— or else the action is against him that ingyreth himselfe into the administration and intrometteth with the goods of the deceased not being inabled with any warrant Causes testamentarie and their appendicles are meere civill and temporall and therefore do not belong to spirituall Courts It is by the grant of Kings not by Ecclesiasticall right that Church consistories have medled with such causes Because Bishops were supposed to bee men of good conscience and that they would be carefull to see the later will of the deceased performed then others therefore they were reserved to Episcopal audience and cognisance of Ecclesiasticall Courts But this respect was not founded upon Gods word For we must not looke so much to conscience as to a lawfull calling or else all civill causes pleaded before a Iudge should be referred to Church-men because of their supposed good conscience And the truth is it is but supposed indeed For a Bishop or pastor that will medle in matters impertinent to his calling hath but a bad conscience Such a man will never make conscience of it more then another religious Christian. And what conscience they made of the matter may bee seene in that they transferred that which was committed to their trust to a base Officiall who hath as bad a conscience as the Bishop himselfe and badder if badder may be And as for skill in deciding such causes no man will deny but the civill judges are more able to cognosce and determine in them then Church-men By the common law sayth Lindwood these causes were not committed unto the Church but by the free grant of Princes And therefore in the lawes alledged by him approbation and insinuation of testaments are forbidden Clergiemen Et ratio redditur in juribus illis allegatis quia opprobrium est clericis si peritos ostendere velâ—â—t rerum for â—enseâ—â—â— May not matters of legacies and bequests of goods as well as of lands bee determined in remporall Courts Cannot the Iudges in temporal courts discerne upon proofes and other presumptions whether the testator was of perfect memorie or distracted as they doe in questions of lunacie madnesse or idiocie in men living Can they not define of two wills which is the first which is the later will whether the legacie remaine or bee recalled whether it bee pure or conditionall If a creditor may recouer his debt due by the testator in the teÌ„porall Court what should hinder a legatarie to recover his legacie in the same Court This poynt is made cleare and amplified in the Assertion of true and Christian Church policie To conclude then probates of wills committing of Administrations sequestrations of the goods of the intestate recovering of legacies taking up of inventaries c. belong not to a Church Consistorie and it is a very great abuse that such Consistories should be called Church consistories and that spirituall censures should bee put in execution by them Ecclesiasticall dues and rights are 1. tithes which are either Praediall Personall or Mixt. Praediall tithes are such as come of the
fruits and crop of the ground as of corne or fruits of trees Personall are such as are payed by reason of the person himselfe out of the gain that he maketh of this trading handicraft hunting warfaring c. The Mixt is added by sâ—me as a third kinde but others reduce them according to their diversitie to one of the first two and such are the birth of bestiall wooll milke whether they be fed at home or be at pasture in the field Tithes of whatsoever kinde are but temporall goods not spirituall howbeit they be annexed to spirituall things and be appoynâ—ed to uphold and maintaine divine service and spirituall functions Tithes were of old recovered in the Kings Court not in Ecclesiasticall as is averred in a treatise alledged by the author of the Apologie of proceedings in Courts Ecclesiasticall We think that the Kings Courts be put out of iuâ—â—sdiction for tythes by a custome of the Realme and not by the immediat power of the law of God And againe That suits for tithes shall be taken in the spirituall court is onely grounded upon a favour that the Kings of this realme and the whole realme have in times past borne to the Clergie That the kings Courts of his Bench and common pleas and also other inferior courts were put out of jurisdiction for tythes suits for tithes were granted to spirituall Courts was a favour it is true granted to the Clergie inabling them with power within themselves to recover tithes destinate to their maintenance but wee must not look so much to the commoditie wee may reape by the grants of Princes as whether Church consistories should medle with such controversies concerning things temporall This man owe me a cole that man a stiâ—k the third two stone of butter the fourth such a number of Saffron heads the fift so many sallow Trees such and such suits were verie pertinent for a Presbyterie to sit upon for the Presbyterie is the true and right Consistorie Now change this Consistorie as ye please and make the Bishop alone to be the Church consistorie it is all one For the causes themselves being temporall the qualitie of the person doth not alter the nature of the cause In the Assertion for true and Christian policie it is said That by a statute 32. Hen 8. c. 44. it is enacted That the Parsons and Curates of five Parish Chuâ—â—hes whereunto the Town of Royston did extend it selfe and every of them and the successors of every of them shall have their remedie by authoritâ— of that Act to sue demand aske and recover in the Kings Court of Chancerie the tithes of corne hay wooll lambe and Calfe subtracted or devyed to be payed by any person or persons Are the tythes of other Parishes more spirituall then these of Royston But admitting such pleas to be pertinent for a spirituall Court they should not be turned over to a Civilian the Bishops Officiall And what favour is granted to Church men by Princes when a Doctor of the Law shall determine in these pleas 2. Oblations due of custome either every quarter of the yeare or in baptismes or at blessing of mariages or at Churching of women or at burials 3 Mortuaries 4 Indemnities 5 Procuâ—aâ—ions 6 expences laid forth for the repairing of Ecclesiastical buildings decayed by the negligence of the Predecessour 7. Synodalls 8. wages and feel due for causes judiciall as to the Iudge the Advocate the Proctor the Clarke Or for causes out of judgement as to the Curate or Sexten A procuration is the furnishing of necessarie expenses for the Archbishop Bishop Archdeacon or any other having power to visit in respect of their visitations For howbeit the Bishops have great temporalities and possessions Ecclesiasticall that doth not content them but they must be sustained besides in their travelling They say they must have great riches because they have a great burthen and must not discharge their charge still in one place but through the whole Diocie And yet when they have gotten more then may suffice reasonable men they will not travell without a new pension and their expenses borne For no man is bound say they to goe on warfare on his owne cost And so with a new trick they got procurations annexed to their visitations as proper stipends due to visitors At the first the visitor and his retinue had their sustentation in victuals for the day which he visited the particular Church Afterward the procuration was rated to some value of money answerable respectively to the dignity of an Archbishop or Archdeacon for their retinue was prescribed in the Canons and Constitutions The Archdeacon was appointed to have onely to have 4. persons on horsebaâ—ke and one Sumner What think ye then shal be the retinue of the Bishop or Archbishop if this be moderate in the Archdeacon Farther whereas they ought not to have procurations except they visit every particular Church They will visit 30. or 40. churches in one day at one place and yet receive the diet in money of 30. or 40. churches or dayes They make commodity of their visitations otherwise also as ye have heard Synodals are another pension due to the Bishop by every Church in the Diocie for convocating Synods And yet their Synods are not worthy the name of Synods for the Diocesan Bishop is onely Lord and Iudge the rest are to bee judged rather then to partake in common with his power A Mortuarie is the second beast that the deceased person hath within the parish if hee have three or above the best being excepted and reserved to the iust owner If the three be of one kind or of divers the parish Priest must have the second and wherefore I pray you for recompensation of the personall tithes or offerings withholden while he lived yea howbeit ignorantly and unwittingly sayth Lindwood and to what end pro salute animae suae sayth Simon Langham Bishop of Canterburie in his Provinciall constitution For the safetie of the soule consisteth in remission of the sinn sayth Lindwood in his glosse upon that constitution which is not remitted sayth hee unlesse that which is withholden be restored These are the Mortuaries as yee see which are demandable in their spirituall courts Oblations should be free from compulsion and superstition not offered immediatly to God upon the Altar as sometimes they doe nor exacted under the colour of maintenance of the ministerie whereto the tithes are already bestowed to that use The rich parson yea the Bishop himselfe claimeth a right to these oblations as well as the poorest Priest To compell men to offer by the censures of their Courts is against the nature of a free offering The fees demandable in their Courts as due to the Iudge the Register the Advocates the Proctors are unreasonable Large fees are payd for the Iudges sentence for the Register and the proctors pains above the rate set down by their Canons as the defender of the last petition doth affirme
What is there obtained without paying a fee They have fees for excommunication for absolution for institution and induction for letters of sequestration relaxation for licences to preach for subscription of a testimoniall for commutation of pennance for licence to marry without bannes c. The judgement it selfe in which is to be considered 1. the calling for the parties to law 2. Litis contestation 3. cognition of the cause 4. the sentence 5. such things as follow the sentence as execution or appellation These things are common to every court of contentious or litigious jurisdiction Here is to be observed that such a litigious kinde of pleading for things civill and temporall becommeth not the Church of God Nos scimus sayth the Bishop of Spalato quia 1. Cor. 11. contentioneâ— faciendi Ecclesia Dei consâ—etudinem non habit nisi postquam facta est pâ—ne tota temporalis pervenerint ad papatum inquieti theologiae expeâ—â—â— juristae Here also is to be remembred the longsomnesse of Ecclesiasticall suits depending in their Courts Now the Iudge Register Advocaâ—t Proctor are all agreed to prolong suits for their advantage and so as the Prophet sayth they wrap it up Mich. 7. 3. sayth the Defender of the last petition Where he doth also insinuate that suits have been prolonged aboue two yeares in their consistories Wee have seene what civill causes and after what manner they are handled Criminall causes are brought in judgement either by accusation when there is one to accuse or by denunciation as when the Churchwardens make their presentments into ther courts twice in the year and at the visitations or by inquisition when the judge of office doth inquire into offences What are the offences and crimes punishable in Ecclesiasticall Courts and what are these which they chiefly search out and punish we have declared in the table of Visitation CHAP. 5. Of Archdeacons Chancellors Commissaries Officials and Vicars generall NOW followeth the jurisdiction exercised by the Bishops Deputies and Archdeacons whereunto I will premit the rest of Sir Francis Bacon now Lord Chauncellour his censure For the second poynt which is the deputation of their authoritie I see no perfect and sure ground for that neither being somwhat different from the examples and rules of government The Bishop exerciseth his jurisdiction by his Chauncellor and Commissary Officialls c. We see in all lawes of the world officer of skill and confidence cannot be put over or exercised by Deputie except it bee specially contained in the Originall granted and in that case it is dutifull There was never any Judge in any court made a Deputie The Bishop is a Iudge and of a high nature Whence commeth it that he should depute considering that all trust and confidence as was sayd as personall and inherent and cannot and ought not to bee transposed Surely in this againe Ab initio non fuit ita But it is probable that Bishops when they gaue themselves too much to the glory of the world and became Grandoes in kingdoms and great Counsellors to Princes then did they delegate their proper iurisdictions as things of too inferiour nature for their greatnesse and then after the similitude of kings and Count Palatines they would have their Chauncellors and Iudges But that example of Kings and Potentates giveth no good defence For the reasons why kings administer by their Judges althoâ—gh themselves are the supreame Iudges are two The one because the offices of Kings are for the most part inheritance and it is a rule in all lawes that offices of inheritance are rather matters that sound is interest then in confidence forasmuch as they may fall upon women upon infants upon lunatickes and Idiots persons not able to exercise Iudicature in person and therefore such offices by all lawes might ever bee administred by delegation The second reason is because of the amplitude of their iurisdiction which is as great as either their birthright from their Aunâ—estours or their sword-right from God maketh them And therefore Moses that was governour over no great people and those collected together in a campe and not scattered in Provinces and Cities himselfâ— lâ—kewise of an extraordinarie spirit was neverthelesse not able to suffice and hold out in person to iudge the people but did by the advice of Ieâ—hro his father in law approved from God substitute Elders and Iudges how much more other Kings and Pâ—inces There is a 3 reason likwise not much from the present purpose and that is that Kings either in respect of the common-wealth or of the greatnesse of their own patrimonies are usually parties in suits and then their Iudges stand indifferent betweene them and the subiect But in the case of Bishop none of these reasons hold For first the office is Eâ—ective and for life and not patrimoniall or hereditarie An office worthy of science confidence and qualification And for the second reason it is true their jurisdiction is ample and spacious and that their time is to bee divided between their labours as well in the word and doctrine as government and iurisdiction But I doe not see supposing the Courts to be used uncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Bishop might very well for causes of moment supply his iudiciall function in his owne person For wee see before our eyes that one Chauncellour of England dispatcheth the suits in equitie of the whole kingdome which is not by reason of the excellencie of that rare honourable person who now holdeth that place but it was ever so though more or lesse burthenous to the suiter as the Chauncellour was more or lesse able to give dispatch and if heed bee taken to that which was sayd before that the Bishops labour in the word must take up a principall part of his time so I may say againe that matter of state have ever taken up most of the Chauncellours time having been for the most part persons upon whom the Kings of this Realme have most relied for matters of Counsell And therfore there is no doubt but the Bishop whose circuit is lesse ample and the causes in nature not so multiplying where the helpe of references Certificates to and from fit persons for the better ripening of causes in their neere proceedings and such ordinary helps incident to jurisdiction may very well suffice his office Yet there is another helpe for the causes that come before him are those tithes legacies administrations and other testamentarie causes causes Matrimoniall accusations against Ministers tending to their suspension deprivation or degrading Symonie incontinencie heresie breach of Sabboth and other like causes of scandall The first two of these differ in mine opinion from the rest that is tithes and testaments for those be matters of profit and in their nature temporall though by favour and connivencie of the temporall jurisdiction they have beene allowed and permitted to the Court Ecclesiasticall
The one to the end the Clergie might sue for that that was their sustentation before their own Iudges and the other is a kinde of pietie and religion which was thought incident to the performance of dead mens wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himselfe upon his ordinarie Judges And I thinke likewise it will fall out that those suits are in the greatest number But for the rest which require a spirituall science and discretion in respect of their nature or of the scandall it were reason in mine opinion that there were no audience given but by the Bishop himselfe he being assisted as was touched before But it were necessarie also he were attended by his Chauncellour or some other his officers being learned in the civill lawes for his better instructions in poynts of formalitie or the courses of the Court which if it were done then were there lesse use of the officiall Court whereof there is now so much complaint And causes of the nature aforesayd being drawn to the audience of the Bishop would represse frivolous suits and have a grave and incorrupt proceeding to such causes as shall bee fit for the Court. There is a third forme also not of jurisdiction but of forme of proceeding which may deserve reformation the rather because it is contrary to the lawes and customes of this land and state which though they doe not rule this proceeding yet may they be advised with for better directions and that is the oath ex officio wherein men are forced to accuse themselves and that is more are sworne unto blankes and not unto accusations and charges declared By the lawes of England no man is bound to accuse himselfe In the highest causes of treason torture is used for discoverie and not for evidence In capitall matters no delinquents answer upon oath is required no not permitted In criminall matters not capitall handled in the Starre-chamber and in causes of conscience handled in the Chauncerie for the most part grounded upon trust and secresie the oath of the partie is required But how where there is an accusation and an accuser which we call bills of complaint from which the complaint cannot varie and out of compasse of the which the defendant may not be examined exhibited into the court and by processe certified unto the defendant But to examine a man upon oath out of the insinuation of fame and out of accusations secret or undeclared though it have some countenance from the civil law yet it is so opposite ex Diametro to the sence of the common law as it may well receiue some limitation This wise Polititian maketh this overture supposing that the Bishops ample and spatious circuite will not be contracted and that these causes which in their owne nature are temporall wlll not be drawne from the ecclesiasticall Courts For such a reformation is not nor may not be 〈◊〉 at in these dayes at least Polititians will not hazard their places and hopes in seeking of it leâ—t Caesar â—tart But their is a day coming for the Antichrist and them also What we have spoken before against medling with civill causes their large Diocie and excluding the Presbyterie from the coÌ„mon governement here not mâ—lled with I need not to repeat Alwayes the reader may take up very solide reasons against the deputation of their authoritie The ordinary Iudges who under the Prince execute judiciall administration in name of others are the Bishops deputies to wit the Vicar generall for the universitie of causes belonging to voluntarie jurisdiction 2. The officiall principall for the universitie of causes belonging to contentious jurisdiction 3. The Commâ—ssary for certainâ— causes within a certaine part of the Diocie The persons having judiciall admininistration not brought in by any law have it eyther by Royall composition or privilege or prescription of time By prescription of time as 1. some in exempt jurisdictions 2. Archdeacons whose office constitute by law is to enquire in the repairing and covering of Kirks their implements in ecclesiasticall enormities to be punished to refer to the ordinary matters or greater moment to induct into benefices 2. jurisdiction as they haue it by prescription It is â—xerced eâ—ther by themselves or by their Officials 〈◊〉 Byshop hath a two fold power one of order another of jurisdiction The power of order he committeth to his Suffragane Bishop as ordaining of ministers and Deacons Bishoping of children dedication of Churches and church yards etc. Their jurisdiction is eyther voluntary or contentious The voluntary he coÌ„mitteth when he is absent to his Vicar generall the contentious he commiteth to his Chauncelour and Comâ—â—ssarie The Vicar generall then in absence of the Bishop may visite the Diocie or any part thereof give certificates into the Kings Courts of bastardie and of excommunicates commit administrations give licence to eate flesh upon forbidden dayes doe all that may be done by the Bishops voluntarie jurisdiction whereof we haue entreated already D. Field sayth that Bishops had Vicars generall that might doe all things almost that perteyne to the Bishops iurisdiction And Lindwood sayth that they might not onely enquire into but also punish and correct offences The other deputies of the Bishop may be also called his Vicars yet are they designed 〈◊〉 distinct name because they haue a distinct office to wit the Chancelour and the Commissarie The Chauncelour is the Bishops principall officiall deputed for his principall Consistorie The Commissarie is the Bishops officiall also but in some remote part onely or some places exempted from the Archdeacon and he is called in the Canon law Officialis foraneus id est extraneus sayth Canisius This distinction betwixt the Chauncellour and Commissarie is made cleare in Cowells interpreter as followeth Officialis in the Canon law is especially taken for him to whom any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in every Diocie is Officialis principalis whom the statutes and lawes of this kingdome call Chancellour Anno 32. Henr. 8. c. 15. the rest if there be more are by the Canon law called Officiales foranei gloss in Clement 2. de rescriptis but with us termed Commissaires Commissarij as in the statute of Henr. 8. sometimes Commissarij foranei The difference of these two poynts you may read in Lindwood tit de sequestra c. 1. But this word Officiall in our statutes and common law signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute above mentioned and many others places Againe Commissarius is a title of Ecclesiasticall jurisdiction at least so farre as his commission permitteth him in places of the Diocie so farre distant from the chiefe citie as the Chauncellour cannot call the subiects to the Bishops principall Consistorie without their too great molestation This Commissarie is of the Canonists termed Commissarius or Officialis foraneus Lindw
de accusat c. 1. in glossa and is ordained to this speciall end that hee suplieth the Bishops jurisdiction and office in the out places of the Diocie or else in such parishes as be peculiars to the Bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there bee Archdeacons that have iurisdiction within their Archdeaconries as in most places they have there this commissarie is but superfluous and most commonly doth rather vexe and disturbe the countrey for his lucre then of conscience seeke to redresse the lives of offenders And therefore the Bishop taking praestation money of his Archdeacons yearly pro exteriori jurisdictione as it is ordinarily called doth by superonerating their circuit with a Commissarie not onely wrong the Archdeacon but the poorer sort of subiects much more as common practise daily teacheth to their great woe The Bishops Chauncellour and Commissarie and the Archdeacons official are all three termed officialls in the canon law the Chauncellour the principall officiall the Commissarie Officialis foraneus the third the Archdeacons officiall or by the generall name of officiall In the lawes and statutes of England the first is called Chancellour the second Commissarie the third by the generall name of Officiall The name of Chauncellour in this sense is not so ancient as that of Officiall sayth D. Field and that in a generall signification it is used for any one that is employed for the giving of answer to sutors for keeping of records and notes of remembrance and generally for the performance of some principall duties pertaining to him whose Chauncellour he is sayd to be The principall officiall that is the Chauncellour howbeit he be but onely a Deputie yet by fiction of the law when hee cognosceth any cause hee is interpreted to bee but one person with the Bishop and to make but one consistorie with him So that howbeit the Bishop be not present there yet it is his consistorie Such fictions of law have been made by cosening and deceitfull Prelates to deceive the world And therefore say the Canonists there lieth no appellation from the principall Officiall to the Bishop but to the Archbishop yet from the Commissarie who is Officialis foraneus there lieth appellation Regularly appellation also may be made from the Archdeacon and other inferiour Prelates to the Bishop sayth Canisius unlesse the custome of the countrey hath brought in another order The Archdeacon hath a certaine circuit of the Diocie wherein he exerciseth his office and iurisdiction For everie Diocie is divided into certain Archdeaconries comprehending about the fourth part of the Diocies if they be great Diocies But if they be lesser Diocies they haue but one Archdeacon as Canterburie Rochester Glocester Bristow Worcester c. The Archdeacon by vertue of his degree and order hath no jurisdiction but onely by prescription of time that is a papall custome which is yet retained in the English Church In Hieroms time at Rome the Deacons began to exalt themselves above Ministers against which usurpation evil custome of the Church of Rome he inveigheth with great vehemencie as a thing unsufferable that the ministers of tables and to widowes should be lifted up with pride aboue the minister of the word and sacraments and opponeth to the custome of the church of Rome the custome of all the churches in the world And yet the old corruption of that one church wherin ther institutions ye see if they were excellent hath spread over the whole church and grown to a great height So that the Archdeacons will not sayth Mr. Cartwright take the best Ministers of the church as their equalls They are called Archdeacons not of one particular Church but of a whole shire whereas Deacons were appoynted in several churches It is true that many of their Archdeacons are also ministers but yet they exercise their iurisdiction over a whole shire ministers and others within the bounds of their Archdeaconrie not as Ministers but as Archdeacons When the Bishop should have visited his Diocie and inquired into needfull reparations of the church and what other things were out of order hee sent his chiefe Deacons to visit for him At the first they were sent onely to visit and make report but not to sententiate in any mans cause sayth D. Field or to meddle with the correcting and reforming of any thing but afterwards in processe of time they were authorized to heare and determine the smaller matters and to reforme the lighter and lesser offences Hence in time it câ—me that Archdeacons much used by Bishops as most attendant on them in the visitation of their churches and reforming small disorders at length by prescription claimed the correction of greater things at having of long time put themselves into the exercise of such authoritie So the Archdeacons in the end became greater then the Deanes let bee common Ministers The lazie Bishop sent his Deacon to enquire into the life and conversation of the Clergie and Ministers which was not his office yet ye see from what a small beginning he is risen to so great a height It is dangerous to depart from the right paterne shewed upon the mount Againe to make a Preacher of the word a Deacon is to conioyne these two offices which the Apostles did separate Archdeacons then almost through all England by papall prescription have jurisdiction within their bounds and power to visite to inquire into offences to receive presentments to punish with ecclesiasticall censures to substitute officialls to supply their roomes in their Consistories whereby it hath happened that the subjects haue been molested for one and the selfe same fault by the Bishops Chauncelours and the Archdeacon or his officiall In a Canon lately made anno 1603 they haue transacted the matter so that they shall not medle with the presentments received at others visitations how the transaction is kept I cannot tell It is to be observed that Chauncelours and officials are Civilians Ministers doe sometime also beare these offices but utterly ignorant in these faculties For these Courts being confused Courts wherin matrimoniall testamentarie and other causes of temporal matters are handled not belonging to ecclesiasticall cognisance no wonder the Minister be ignorant in them But on the other part it were a shame if a Civilian should know better how to deale with an offender and to bring him to repentance Againe what a grosse absurditie and intolerable abuse is it in the Church of God that Chauncelours Commissaries officialls being Civilians should meddle with the censures of the Church The Bishop hath vendicate to himself the whole power of excommunication and then he transferreth this his power by a generall commission to another which he may not lawfully doe no not to a minister far lesse to a Doctor of the Civill lawe whom he appointeth to be his Chauncelour or the Archdeacon to him whom hee appoynteth to bee his Officiall They
Ministerie a whole yeare when the Bishop shall finde good cause to the contrary but that there being now foure times appointed everie yeare for the ordination of Deacons and Ministers there may be ever some time of triall of their behaviour in the office of a Deacon before they be admitted to the order of Priesthood Yet they are not so nice but this order may be dispensed with and that one may take on both the orders upon one day as Mucket doth record When the time of giving orders draweth neere the Bishops Bull is set up upon the Church doore to give warning that if any be minded to receive orders let them repair to the Bishop at such time and place This is sayth Mr. Cartwright like the sound of a trumpet to gather an Armie But the Bill which is set up upon the Church doore is in latine so that the people cannot understand the sound of the trumpet This Bill doth not desire the people to come object against the persons to be ordained And suppose that were the end it wer but a deluding of the people for either they have a Priest or Curat already and then they have not need to object or else the place is voyd but they know not against whom to object for amongst 40 50 or 100. perhaps they know not who is the man that is appoynted for them The Bishop and the patron out of the whole number wil choose afterward when and whom they thinke meete And howbeit there were not one voyd Church in all the Diocie but incumbents in every one of them yet the Bishop will give orders And againe if none of them have ever been conversant in these vacant parts how can they stand up and object against them The day of giving orders being published which is ordinarily upon the Lords dayes after the Ember weekes then there is repaire to the citie or village where the Bishop is to give orders He that can purchase the letters commendatory of some nobleman or knight shall come best speed Then is he to be tried by the Archdeacon who is but a Deacon onely in respect of his Archdeaconrie Howbeit sometimes the Archdeacon be also a Priest beside that it is a confounding of distinct offices it is not by vertue of his Priesthood but of his Deaconship that he trieeth the persons who are to be ordained They are tried by some questioning but as the Archdeacon pleaseth Their pastorall gifts of utterance doctrine and exhortation are not tried either by the Archdeacon or any particular church may these gifts are not needfull in an English priest for a bare reader is sufficient to bee an English minister The Archdeacon is sometime in one part of the countrey and the bishop in another The Bishop making ministers at Exceter and his Archdeacon at Oxenford or the Bishop making ministers at Leichfield and his Archdeacon at Durham When the day of ordination is come after an exhortation made the communion celebrated the Epistle and Gospel read and the hymne Veni creator sung or sayd the Archdeacon presents to the Bishop all those who are to take on the order of Priesthood that day with these words Reverend father in Christ I present to you the persons here present to be admitted to the order of Priesthood Then after some demands and answeres of the Bishop and the other who is to be admitted he demandeth of the people who are present there where he giveth orders if they know any impediment which may hinder any of these present to bee admitted to the order of priesthood which is a manifest mockage For it may be that none there present ever heard or saw any of them or all of them before that day But these words import that ordinations of old were performed before the congregation whereunto he was to bee appoynted Thereafter the oath of the Kings supremacie is taken then againe after an exhortation follow other demands an answers After that the people who are present are desired secretly to commend the businesse to God for which cause they are all silent for a little space After that the Bishop readeth a prayer which being finished they who are to be ordained sitting on their knees at the Bishops feet the Bishop and the rest of the Priests who are present lay hands severally upon the heads of every one of them the Bishop uttering these words Receive the holy Ghost whose sinnes thou doest forgive they are forgiven and whose sinnes thou doest retaine they are retained and be thou a faithfull dispenser of the word of God and of his holy sacraments In the name of the Father and of the Sonne and of the Holy Ghost Amen Hee commandeth the ordained to receive the holy Ghost as our Lord and master did when hee breathed on his Disciples bestowing in very deed the gifts of the spirit when hee breathed upon them Ordinary pastors cannot conâ—erre the gifts of the spirit whether breathing as Christ did or by laying on of hands as the Apostles did They may as well imitate Christs breathing as they may usurpe these words Whether the ordained receiveth the holy Ghost or not let the world judge Calvin sayth of the Popish Priests ex equis fieri asinos ex fatuis phre neticos quicunque in sacerdotes consecrantur Is any of their Curats after the pronouncing of these words either the holier or more apt to teach and yet beside this blasphemie they will the ordained to dispense the word of God who cannot divide and cut it aright Where it is sayd whose sinnes yee forgive shall be forgiven c. a power to reteine and forgive is given them separate from the preaching of the word as in the Roman Church an infinite number of Priests cannot preach yet all have power to absolve from sins So may the blind English Curates Sicklike it is a mockage â—hen after that the bishop delivereth to each of them the Bible in his hand saying Take thou authoritie to preach the word of God and to minister the holy sacraments in the congregation where â—hou shalâ— be appointed He should rather have put the service-book in his hand For either they are ignorant and cannot preach yea not tried in that facultie or if they can they may not till they get a licence of the Bish and whether they shal be appointed to any congregation or not they are uncertaine because it dependeth upon the pâ—trons pleasure So that if either the forethinking himselfe like the shop better then the Church or if the Patron will keepe the docâ—e shut against such insufficient men which the Bishop opened so wide or as somtime falleth out they cannot agree of their market it commeth to passe that he is made a minister which either cannot or will not not onely not fulfill but not so much as lay hand of that Ministerie whereunto hee was appoynted sayth Mr. Cartwright When all this is done the companie convened sing the Creed and they goe
generall and officiall principall part that betwixt them To what use then serveth the cathedrall Deane and his Canons or prebendaries c. but to wear copes and caps tippets and hoods rochets surplices to pipe on organs to sing curiously to read gospels and epistles according to their severall offices and in their severall turnes and courses In the 24 canon of the last constitutions when the communion is to be celebrated upon principal feast dayes if the bishop himself be not present then the Dean is to administer the communion with a cope And notwithstanding of all this the Deane must sit in some chiefe place of the Church with his velvet cushion before him and cloth of estate and be brought to his place with a silver Mace before him CHAP. 7. The calling and function of English Priests and Deacons THE name of Priest to signifie a minister of the Gospell is usuall with them even in their latest Canons Howbeit it seemeth to bee derived from the Greek word Presbyter yet seeing it hath been used to signifie a sacrificing Priest such as the Masse-priest was thought to be and is still retained in their latest translations of the Bible to signifie a sacrificing Priest their pretext of the originall of the name is frivolous for either they should translate the Leviticall Priest sacrirficer if they would retaine the proper signification of the word priest or else abstaine from or alter the name of Priest seing they may have choyce of names The Ecclesiasticall persons in the Parish Church are the minister and Deacon In the minister are to bee considered his externall calling and his publicke function His externall calling is either to the order and degree or to the benefice and place of the ministerie The externall calling to the order and degree is seene either in things preceeding the ordination or in the ordination it selfe In things going before the ordination as 1. publick intimation made by the Bishop in the most famous places of the Diocie of the day of ordinations 2. Letters testimoniall to the Bishop ordainer from men of good credit and religion as well of the conversation of him who is to be ordained as of his birth that that he is not a bastard or bond-man 3. the examination of him who is to be ordained either of his education whether hee were brought up in a common Schoole or in an Academie or of his progresse in humane literature or theologie in which is to be considered either the proficiencie it selfe to be tried by the Bishop himselfe or the Archdeacon or some other appoynted for him or else the degree which hee hath taken on in the Schooles The ordination it selfe consisteth in prayers for him who is to be ordained 2. in exhortations to him and 3. in imposition of hands You may see that they make the calling to the ministerie and the calling to the place two divers actions distinguished in time whereas none ought to be admitted to the ministry but when and where there is a place voyd The Apostles ordained not ministers to rove abroad through a whole province but appointed them towne by towne Tit. 1. 5. Act. 14. 23. The Councell of Chalcedon decreed that no presbyter should bee ordered loosely that is unlesse as it is there added it bee in some congregation or citie The word Apoleâ—ymenoâ—s they interpret without a title but then by a title they meane not a particular charge but some possession or living to be maintained by But who will ever admit sayth Mr. Calvin that the title which the Councell requireth is a yearly revenue to maintaine himselfe with In the latest canons this Popish interpretation is approved where are set downe the titles of such as are to be made ministers If he be provided to a place in some cathedrall or collegiate Church or if he be a Fellow or in the right of a fellow or if he be to be a conduct or Chaplain in some colledge in Cambridge or Oxford or if he be a Master of Arts of five yeares standing that liveth of his owne charge in either of the universities or if by the Bishop himselfe that doth ordaine him he be shortly after to bee admitted to some benefice or curatship then voyd is he sayd to have a title howbeit hee have not as yet a particular flocke which was not the meaning of the councell of Chalcedon farre lesse the meaning of the holy Ghost in the scripture They have made 60. 80. or 100. at a clapp and sent them abroad into the countrey like masterlesse men say the authours of the admonition to the Parliament And againe When they have made them either they may tarry in their colledge and lead the lives of loytering losels as long as they live or else gad abroad with the Bishops Bulls like to Circumcellions to preach in other mens charges where they list or else get benefices by friendship or money or flatterie where they can catch them or to conclude if all these faile that they may goe up and downe like beggars and fall to many follies or else as many have done set up bills at Pauls or at the Royall Exchange and such like publike places to see if they can heare of some good masters to entertaine them into service In the late Canons foresayd the Bishop is ordained to maintaine him in all things necessarie who hath not one of these titles till he preferre him to some Ecclesiasticall living which is but one of the rotten Canons of the Canon law If this were kept 3. or 4. Bishops in this realme would have kept such houses as never any did in this land as is sayd in the foresayd admonition Their order in making Priests is this First they must be Deacons before they be made Priests for so they interpret the words of the Apostle 1. Tim. 3. 13. they that have ministred in the office of a Deacon wel purchâ—se unto themselves a good degree that is say they a step to the ministerie The Apostle sayth not that they who doe the office of a Deacon well shall get a good degree or standing but that in so doing they get themselves a good degree that is authoritie and estimation in the church and consequently great boldnesse in the faith For a man may have gifts sufficient for a Deaconship and yet never have gifts sufficient for the ministerie But admitting the office of the Deacon were a step to the ministerie that hee who is a Deacon may be a Minister it followeth not that there is not accesse to the Ministery but by this step of the Deaconship And therfore not to admit a man to the ministerie â—nlesse hee first take upon him the office of a Deacon is a naâ—ghâ—ie device It was decreed in their latâ—st Canons that no Bishop should make any person of what qualities or gifts soever a Deacon and a Minister both together upon one day Not that alwayes every Deacon should be kept from the