initio nonfuitsta but it is probable that Byshops when they gaue themselues too much to the glorie of the world and became Grandes in Kingdomes and great Councellors to Princes then did they deleague their proper jurisdiction as things of too inferiour a nature for their greatnesse and then aster ths similitude and immitation of Kings and Counts Palatine they would haue their Chancellors and Iudges But that example of Kings and Potentates giueth no good defence For the reasons why Kings administer by their Iudges although themselues are supreame Iudges are two The one because the offices of Kings are for the most part of inheritance and it is a Rule in all Lawes That Offices of inheritance are rather matters that sound in interest then in confidence forasmuch as they may fall vpon womon vpon Infants vpon Lunatiques and ideots persons vncapable to execute judicature in person and therefore such Offices by all Lawes might euer be exercised and administred by delegation The second reason is because of the amplitude of their Iurisdiction which is as great as either their birth-right from their Ancestors or their sword-right from God maketh it And therefore if Moses that was Gouernour ouer no great people and those collected together in a campe and not scattered in Prouinces and cities himselfe likewise of an extraordinarie spirit was neuertheles not able to suffice and hold out in person-to judge the people but did by the aduise of Iethro approued from God substitute Elders and Iudges how much more other Kings and Princes There is a third Reason likewise not much to the present purpose and that is That Kings eyther in respect of the Common wealth or of the greatnes of their owne Patrimonies are vsually parties in sutes and then their Iudges stand indifferent betweene them and the subiect But in the case of Byshops none of these reasons hold For first their Office is electiue and for life and not patrimoniall or hereditarie an Office meerly of confidence science and qualification And for the second reason it is true that their jurisdiction is ample and spacious and that their time is to bee diuided betweene the labours as well in the word and doctrine as in gouernment and jurisdiction But yet I doe not see supposing the Byshops Courts to be vsed vncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Byshop might very well for causes of moment supply his judiciall function in his owne person For we see before our eyes that one Chauncellor of England dispatcheth the suites in equitie of the whole Kingdome which is not by reason of the excellencie of that rare honourable Person which now holdeth that place but it was euer so though more and lesse burdenous to the sutor as the Chauncellor was more or lesse able to giue dispatch And if heed bee taken to that which was said before that the Byshops labour in the word must take vp a principall part of his time so I may say againe that matters of State haue euer taken vp most of the Chauncellors time hauing bin for the most part persons vpon whom the Kings of this Realme haue most relied for matters of Councell An therfore there is no doubt but the Byshop whose circuit is lesse ample and the causes in nature not so multiplying with the helpe of references and certificates to and from fit persons for the better ripening of causes in their meane proceedings and such ordinary helpes incident to jurisdiction may very well suffice his Office But yet there is an other helpe for the causes that come before him are these Tythes Legacies and Administrations and other teftamentary causes causes Matrimoniall accusations against Ministers tending to their suspension depriuation or degrading Symonie incontinencie Heresie Blasphemie breach of Saboth and other like causes of scandall The first two of these in mine opinion differ from the rest that is Tithes and Testaments for those bee matters of profite and in their nature Temporall though by a fauour and conniuence of the temporall jurisdiction they haue been allowed and permitted to the Courts Ecclesiasticall the one to the end the Clergie might sue for that that was their sustentation before their owne Iudges and the other in a kind of pietie and Religion which was thought incident to the performance of dead mens Wils And surely for these two the Byshop in mine opinion may with lesse danger discharge himselfe vpon his ordinary Iudges And I thinke likewise it will fall out that those sutes 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 my opinion there were no audience giuen but by the Byshop himselfe he being also assisted as was touched before but it were necessarie also hee were attended by his Chauncellor or some others his Officers being learned in the Ciuill Law for his better instruction in points of formalitie or the courses of the Court which if it were done then were there lesse vse of the Officials Court where of there is now so much complaint And causes of the nature aforesaid being only drawne to the Audience of the Byshop it would represse friuolous and poling sutes and giue a graue and incorrupt proceeding to such causes as shal be fit for the Court. There is a third point also not of jurisdiction but of forme of proceeding which may discerne Reformation the rather because it is contrary to the Lawes and Customes of this Land and State which though they doe not rule those proceedings yet may they be aduised with for better direction and that is the Oath ex Officio whereby men are inforced to accuse themselues and that that is more are sworne vnto Blanques and not vnto accusations and charges declared By the Lawes of England no man is bound to accuse him selfe In the highest cases of treason torture is vsed for discouerie and not for euidence In capitall matters no delinquents answer vpon 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 vpon trust and secresie the oath of the partie is required But how where there is an accusation and an Accusor which wee call bills of complaint from which the complainant cannot varie and out of the compasse of the which the defendant may not bee examined exhibited vnto the Court and by Proccs notified vnto the defendant But to examine a man vpon oath out of the insinuation of fame or out of accusations secret and vndeclared though it haue some countenance from the Ciuill-Law yet is so opposite ex diametro to the sence and course of the Common-Law as it may well receiue some limitation Concerning the Liturgie the Ceremonies and Subscription FOr the Liturgie great respect and heed would be taken least by inueighing against the dumbe Ministrie due reuerence
of the first good Emperours that imbraced the Faith For the times of persecution before temporall Princes receiued the Faith as they were excellent times for doctrine and maÌ„ners so they be vnproper and vnlike examples of outward gouernment and policie And so much for this point now to the particular points of Controuersies or rather of Reformation Circumstances in the Gouernment of Byshops FIrst therefore for the Gouernment of Byshops I for my part not prejudging the Presidents of other reformed Churches doe hold it warranted by the word of God and by the practise of the ancient Church in the better times and much more conuenient for Kingdomes then parity of Ministers and gouernment by Synodes But then further it is to be considered that the Church is not now to plant or build but onely to bee pruned from corruptions and repaired and restored in some decayes For it is worth the noting that the Scripture saith Translato acerdotio necesse est vs Legis fiat translatio It is not possible in respect of the great and neere sympathie betweene the State Ciuill and the State Ecclesiasticall to make so mayne an alteration in the Church but it would haue a perilous operation vpon the Kingdome and therefore it is fit that controuersie be in peace and silence But there bee two circumstances in the administration of Byshops wherein I confesse I could neuer be satisfied The one The sole exercise of their authoritie The other the Deputation of their authoritie For the first the Byshop giueth orders alone excommunicateth alone judgeth alone This seemes to bee a thing almost without example in gouernment and therefore not vnlikely to haue crept in the degenerate and corrupt times Wee see the greatest Kings and Monarches haue their Councels There is no temporall Councell in England of the higher sort where the authoritie doth rest in one person The Kings-bench CoÌ„mon-pleas and the Exchequer are benches of a certain number of Iudges The Chancellor of England hath an Assistance of 12. Maisters of the Chancerie The Master of the Wards hath a councell of the Court So hath the Chancellor of the Duchie In the Excliequer Chamber the Lord Treasuror is ioyned with the Chancellor and the Barrons The Masters of the Requests are euer more than one The Iustices of Assile are two The Lord Presidents in the Marches and in the North haue councels of diuers The Starre-chamber is an assembly of the Kings priuie Councell aspersed with Lords Spirituall and Temporall So as in all Courts the principall person hath euer either Colleagues or Assessors The like is to bee found in other well gouerned Kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will denie but the Acts that passe the Byshops jurisdiction are of as great importance as those that passe the Ciuill Courts for mens soules are more precious then their bodies or goods so are their good names Byshops haue their infirmities and haue no exception from that generall malediction which is pronounced against all men liuing Va sole nam si occiderit c. Nay we see that the first warrant in Spirituall causes is directed to a number Dei Ecclesia which is not so in temporall matters And we see that in generall causes of Church gouernment there are aswol Assemblies of all the Clergie in Councels as of the States in Parliament whence should this sole exercise of jurisdiction come Surely I doe suppose and thinke vpon ground that ab initio non fuit ita and that the Deanes and Chapters were Counsels about the Seas and chayres of Byshops at the first and were vnto them a Presbiterie or Consistorie and intermedled not onely in the disposing of their reuenues and endowments but much more in jurisdiction Ecclesiasticall But it is probable that the Deane and Chapter stucke close to the Byshops in matters of profit and the world and would not loose their hold but in matters of jurisdiction which they accounted but trouble and attendance they suffered the Byshops to encroach and vsurpe and so the one continueth and the other is lost And wee see that the Byshop of Rome fâ—â— est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall jurisdiction as in Consistorie And whereof consisteth this Consistorie but of the parish Priests of Rome which terme themselues Cardinals à cardivibus mundi because the Byshop pretendeth to be vniuersall ouer the whole world And hereof againe we see diuers shadowes yet remaining As that the Deane and Chapter Proforma chooseth the Byshop which is the highest point of jurisdiction And that the Byshop when hee giueth orders if there be any Ministers casually present calleth them to joyne with him in imposition of hands and some other particulars And therefore it seemes to me a thing reasonable and religious and according to the first institution that Byshops in the greatest causes and those which require a spirituall discerning namely in ordayning suspending or depriuing Ministers in excommunication being restored to the true and proper vse as shall bee afterwards touched in sentencing the validitie of Mariages and legittimations in judging causes criminous as Symonie incest blasphemie and the like should not proceed sole and vnassisted which point as I vnderstand is a Reformation that may bee planted sine strepitu without any perturbation at all and is a matter which will giue strength to the Byshops 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 this strength giuen to the Byshops by Councell so it is not vnworthy your Maiesties Royall consideration whether you shall not think fit to giue strength to the general Councell of your Clergie the Conuocation House which was then restrained when the state of the Clergie was thought a suspected part to the Kingdome in regard of their late homage to the Byshop of Rome which state now will giue place to none in their loyaltie and deuotion but to your Maiestie For the second point which is the Deputation of their Authoritie I see no perfect and sure ground for that neither beeing somewhat different from the examples and rules of gouernment The Byshop exerciseth his jurisdiction by his Chancellor and Comissarie Officiall c. Wee see in all Lawes in the world Offices of confidence and skill cannot be put ouer nor exercised by deputie except it bee especially contained in the originall grant and in that case it is dutisull And for experience there was neuer any Chauncellour of England made a Deputie There was neuer any judge in any Court made a Deputie The Byshop is a Iudge and of a high Nature whence commeth it that hee should depute considering that all trust and confidence as was said is personall and inherent and cannot or ought not to bee transposed Surely in this againe ab
examination of Ministers Namely that the Byshops doe not ordaine alone but by aduise and then that the ancient holy orders of the Church might be reuiued by the which the Byshop did ordaine Ministers but at foure set times in the yeare which were called Quatuor tempora which are now called Ember-weekes it being thought fit to accompany so high an action with generall Fasting and Prayer and Sermons and all holy exerciles And the names likewise of those that were ordained were published some dayes before their ordination to the end exceptions might bee taken if just cause were The third consideration is that if the case of the Church of England bee that where a computation is taken of all the perochian Parishes as allowing the vnion of such as were too small and adjacent and againe a computation to bee taken of the persons who are worthie to bee Paftors And if vpon the said account it fall out that there are many more Churches then Pastors then of necessitie recourse must bee had to one of these remedies eyther that Pluralities must be allowed specially if you can by permutations make the benefices more compatible as there be allowed Preachers to haue a more generall charge to supply and serue by turne Parishes vnfurnished For that some Churchas should bee prouided of Pastors able to teach and other wholly destitute seemeth to mee to bee against the Communion of Saints and Christians and against the practise of the Primitiue Church Touching the abuse of Excommunication EXcommunication is the greatest judgement vppon the earth being that which is ratified in Heauen and being a precursorie or prelasorie judgement of Christ in the end of the world and therefore for this to be vsed vnreuerently and to bee made an ordinarie processe to lackie vp and downe for Fees how can it bee without derogation to Gods honour and making the power of the keyes contemptible I know very well the defence thereof which hath no great force That it issues foorth not for the thing it selfe but for the contumacie I doe not denie but this judgement is as I said before of the nature of Gods judgement of the which it is a modell For as the judgement of God taketh hold vpon the least sin of the impenitent so excommunicatiò may in case issue vpon the smallest offence and in case not issue vpon the greatest but is this cōtumacy such a contumacie as Excommunication is now vsed for for the contumacie must be such as the partie as farre as the eye and wisedome of the Church can discerne standeth in state of reprobation and damnation as one that for that time seemeth giuen ouer to finall impenitencie Vpon this obseruation I ground ' two considerations The one that this censure bee restored to the true dignitie and vse thereof which is that it proceed not but in cases of great weight and that it be decreed not by any Deputie or substitute of the Byshop but by the Byshop in person and not by him alone but by the Byshop assisted The other Consideration is that in lieu thereof there be giuen to the Ecclesiasticall Courts some ordinary processe with such force and coertion as appertaineth That so the dignitie of so high a sentence being retained and the necessitie of meane processe supplyed the Church may bee indeed restored to the Ancient vigor and splendor To this purpose joyned with some other holy and good purposes was there a Bill drawne in Parliament in the three and twentie yeare of the raigne of the Queene deceased which was the grauest Parliament that I haue knowne and the Bill recommended by the grauest Counsellor of Estate in Parliament though afterwards it was stayed by the Queenes speciall commandement the nature of those times considered Touching the Non-residents and Pluralities FOR Non residents except it be iust of necessary absence it seemeth to be an abuse drawne out of couetousnesse and sloath for that men should liue of the flocke that they doe not feede or at the Altar at which they doe not serue is a thing that can hardly receiue just defence And to exercise the office of a Pastor in matter of word and doctrine by deputy is a thing not warranted as hath beene touched before The question vpon this poynt doth chiefely arise vpon the cases of exception and excusation which shall be thought reasonable and sufficient which not for the case of Chaplaines let me speake that with your Majesties pardon and with due reuerence towards oother Peeres and graue persons which are by Statutes priuiledged I should thinke that the attendance which Chaplaines giue to your Majesties Court and in the Houses and Families of their Lords were a juster reason why they should haue no Benifice then why they should bee qualified to haue two for as it standeth with Christian policie that such attendance be in no wise neglected because that good which ensueth thereof to the Church of God may excced or counteruaile that which may sollow of their labours in any though neuer so large a congregation so it were reasonable that their maintainance should liberally proceed thence whence their labours bee employed Neither are there wanting in the Church Dignities and preferments not joyned with any exact cure of soules by which and by the hope of which such attendants in ordinary who ought to be as for the most part they are of the best gifts and sort may bee further encouraged and rewardeds And as for extraordinary attendants they may very well retaine the grace and countenance of their places and duties at times incident therunto without discontinuance or non-residence in their pastorall charges Next for the case of Intending studies in the Vniuersities it will now easily receiue an Answer for studies doe but serue and tend to the practise of those studies And theref ore by that which most principall and finall to be left vndone for the attending of those which is subseruient and subministrant seemeth to bee against proportion of reason Neither do I see but that they proceed Right-well in all knowledge which do couple studie with their practise and do not first study altogether and then practise altogether And therefore they may very well study at their benefice Thirdly for the case of extraordinary seruice of the Church as if some Pastor be sent to a generall Counsell or here to a Conuocation and likewise for the case of necessity as in the particular of infirmity of body and the like no man will contradict but there may be some substitution for such a time But the generall case of necessity is the case of Pluralities the want of Pastors and insufficiency of Liuings considered Posilo that a man doth faithfully and incessantly diuide his labours betweene two Cures which kinde of necessity I come now to speake of in the handling of Pluralities For Pluralities in case the number of able Ministers were sufficient and the value of the Benefices were sufficient then Pluralities were in no sort