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A96348 A speech of Mr. Iohn White counsellor at law, made in the Commons House of Parliament concerning episcopacy. White, John, 1590-1645. 1641 (1641) Wing W1773; Thomason E198_18; ESTC R212697 9,737 18

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forsake the pure fountain and wallow in the muddy and corrupted streams of antichristian ambition Thirdly that part of the spirituall officer of the Bishop whereby he is to instruct the people committed to his charge with the holy Scriptures as upon the 2 question put unto him at his Consecration he undertakes to doe ought as I conceive to be reduced to a possibility for him to performe it It is impossible for him to doe it to a whole Diocesse therefore he should be limited to some particular Congregation unto which he might perform this trust which requires sufficiency attendance and diligence Fourthly Ordination in the scriptures is ever expressed to be by them in the Church that had authority and were officers in the Church as Apostles Evangelists and after by the Presbytery 1 Tim. 4.14 2 Tim. 1.6 And a shadow of this remains in our Law Acts 14.23 Titus 1.5 6 7. for the Bishop only is not to lay hands upon the party to be ordained but the Presbyters there attending are to joyn with the Bishop therein Books of ordering Priests This I conceive is not fit to be in the hands of any one ordinary officer in the Church the descerning of the gifts abilities and faithfulnesse of persons to be ordained Presbyters requiring great judgement care and circumspection Plus vident oculi quam oculus The like I say of deprivation Fiftly Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them and onely in the Congregation whereof the party to be Excommunicate is a member 1 Cor. 5.4 Tell the Church cannot be meant of one man Mat. 18.17 Diotrophes is branded for taking upon him alone to cast any out of the Church This also abused as well as usurped by the Bishop is to be reformed Sixtly Instituation and induction are usurped by the Bishops upon the fundamentall Laws of this Kingdome by which the Patron after his Clerk was ordained did without any more invest him into the Church See Selden of tithes 86. And a relick of this we retain still in Churches that be donatives Seventhly The jurisdiction of tithes causes matrimoniall and causes testamentary in the times of the Increasing power of the Pope when the Bishops thereby grew more formidable were taken from the Civill Magistrate to whom originally they belonged upon pretence that the tithes were Jure divino the Churches patrimony and Mariage a Sacrament and that the disposing the goods of the dead most properly belonged to him for the good of the soule in Purgatory to redeem it thence to whom the cure of the Soule appertained in his life time vide 2 R. 3. Testaments 4.11 H. 7.12 B. Plowdeu 279. B. Foxes c. Cok. rep 9.37 B. Heustoes case Dames rep 97. B. Lalors c. Selden of tithes 4●5 Eighthly The matters which are meerly and only spirituall which are properly of Ecclesiasticall cognizance were anciently by the Lawyers of this Kingdome heard and determined in the County and hundred Courts by the Sheriffe and the Bishop and by William the Conquerour these matters were taken thence and appropriated to the Bishop alone 2 R. 2. Rotul Parliament num 12. Selden of tithes 412. Book of Martyrs 154. And by the Law of God as I conceive they ought to be heard determined by them that have rule in the particular congregations and Churches Mat. 18.17 1 Cor. 5. which if it were so among us would be a wonderfull case and save great charges to the subject And where the difficulty of case or greatnesse of the persons whom it may concern or where the Governors in particular Congregation demean not themselves as they ought it ought to be referred to a Synod of Presbyters of many as shall be thought meet as Acts. 15 a question of difficulty arising in the particular Church of Antioch and the dissention growing great about the same they sent to Hierusalem and there the Apostles and Presbyters convened debated concluded and decreed the matter and imposed the observation thereof upon Antioch and other Churches ver 1.2.6.28 The Apostles would not meddle in the question without the Presbyters and other Bishops there were none there nor in the Churches And faelicius expediuntur negotia commissa pluribus in the multitude of Counsellors there is safety Proverb 11.14 And the change of our Laws in case this House shall see cause for it will not be so great or difficult as is conceived by some For ordination admonition suspension and deprivation of Presbyters and the judgement of the fitnesse of persons to be invested into Benefices Ecclesiasticall and the care of providing for the serving of Cures during the vacancy and avoydance of Churches and taking of the subscription of Ministers to the Articles of Religion 13 Eliz. cap. 12. 14 Eliz. cap. 5. and the visiting of Hospitals whose Founders have appointed no visitors which are now in the Bishop may be settled in a convention of Presbyters to be appointed for every hundred from whom appeale may be had upon every gravamen to a greater Assembly of them and those Presbyters or any one of them may be inabled to give the Oathes of Supremacy and alleageance where the Bishop is authorised to give the same And Excommunication may be ordered to be certified by the Parson 5 Eliz. c. 1. 7 Jac. cap. 6. Vicar or Stipendary of that Church where the party is excommunicate And all Churches presentative may be filled by investure of the Patrons and all questions concerning them be determined by the same rules of law as Donatives are And loyall Matrimony be tryed by a Jury where the woman is party to the suit as now it is where she is not party so E. 3.15 p. 5.11 H. 4.4 B. 30. and as it is now where the issue is Nient sa femme 12. E. 3. Brife 481.50 E. 3.15 B. 7. H. 6.12 June 35. H. 6.9 P. 10. Coke 8. E. 4.12 a Laton And Bastardy generall Bastardy beyond Sea within the Statute 25 E. 3. De natis ultra mare may be made tryable by Jury as now speciall Bastardy is 11 Ass 20.38 ass 24.39 E. 3.31.6 7. Ed. 6. Dier 79. P. 52. So tithes may be reduced to the Common Law and be sued for there as it was ever in the case of the King or his Debtor 38. ass 20. Cok. r. 5.16 a Cawdreis case and as it is by the Statute of 2 and 3 E. 6. cap. 13. And for the Bishops attendance on tryals of life it is needlesse he being no Judge in it but the Court who may appoint any other or doe it themselves And for Sacring of Churches and other dead things it is fit to be neglected and left off being a Popish vaine superstition and without colour of countenance from the word of God the Leviticall consecrations being typicall and shadows of the good things we enjoy under the Gospel Heb. 9.19 c. The Bishop being thus reformed and reduced to a condition and