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A08707 The ansvvere of the vicechancelour, the doctors, both the proctors, and other the heads of houses in the Vniversitie of Oxford (agreeable, vndoubtedly, to the ioint and vniforme opinion, of all the deanes and chapters, and all other the learned and obedient cleargy, in the Church of England.) To the humble petition of the ministers of the Church of England, desiring reformation of certaine ceremonies and abuses of the Church. University of Oxford. 1603 (1603) STC 19011; ESTC S113819 26,966 50

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his owne name any excōmunication But this is the practise of the Church of England In e Const Ecc● 1597 cap d● Excest circ Excom ref● the cēsuring of notorious more grievous crimes the Arch bishop the Bishop the Deane the Arch-deacon or a Probendary that i● a Priest pronounceth the sentence of Excōmunication in his owne person And in matters of lesse offence as contumacy in not appearing and the like the Vicar generall Officiall or Comissary that is not in holie orders houldeth this course First vpon knowledge and examinatiō of the cause he adiudgeth the party worthy to be excommunicate then the Minister associated vnto him by expresse authority from the Ordinarie doeth pronounce the sentence of excommunication against him Lastly the Chancelour sendeth to the Pastor of the parish where that party dwelleth requiring him publikly to declare the saide party to bee a person excommunicated by the sentence of the Minister his associate And all this according to the forme of the Articles set forth by her Maiesties auctoritie Ann. 1597. Thirdly are not these excellēt Enormity makers that can finde such an Enormitie in the Name of a Lay-man in whose name notwithstanding the excommunication never cōmeth forth when yet if it did come forth in his name the nature of the thing it selfe is such as iustly cannot be reproved They are not ignorant that excommunication doth proceed as is afore-said if not in the name yet in the Autoritie and Iurisdiction of the Bishoppe or some other chiefe Clergy-man to whom the power of the Keies doth belong and vnto vvhom the Church of England hath assigned the execution of that part of our Discipline Who if they vse the advise and Ministerie of a wise and religious Civilian in decreeing who is to bee excommunicate Whervpon those f Perpetuall govern of the ●hu pag. 320. ontward penalties do ensue which attend the auctority and follow the sentence of excommunication in this Church Common wealth how doth that in any wise violate Christs Institution as touching excommunication Lastly if the Discipline they long for were once on foote among vs wee should then heare tell of certaine Lay-parsons that ought to haue a principall hand in their Excommunications Thus as they are weake in Iudgemēt for matter of Learning in this point not being able to resolue of any thing in certaine so are they as partiall in prescribing their plottes for matter of practise whiles they reproue that in others which in themselues they do allow Except peradventure they will tell vs and wee must needs beleeue them that their Lay-Elders become Clergy mē ipso facto because they are of their Cōsistory and haue voices according to their learning in these Ecclesiasticall censures 2 That none bee excommunicated for g The order of Excom c in the Chur. of Scot. Print Iune 1571. Cap 4. Thus any small offence may iustly deserve Excommunication by reason of the cōtempt disobedience of the offendor trifles and twelue pennie matters They are not Contempte is then the greater when the matter wherein they shewe their contempt is of lesser valew As contrariwise obedience is then more commendable when it is seene in a matter of greater difficulty But these men are so accustomed to disobedience that they account it but a trifle And therfore calumniate vs and our discipline as if with vs men were excommunicated so trifles when in truth they are censured for their contempt 3 That none be excommunicated without consent of his Pastor VVithout consent is a captious tearme For in our vnderstanding the Minister of the parish doth give his consent when he publisheth the excommunication as also when hee doth certifie what hee hath done in denouncing of the same And this manner of consent wee take to be sufficient and as much as is requisite in a private Pastor that hath no Iurisdiction But what is it that these men do meane Would they thinke you that every Pastor should haue a Negatiue in the excommunicating of his parishioners Vndoubtedly they would Therby intending the vtter overthrow of the present Church government and in steed thereof the setting vp of a Presbitery in every parish Or rather that which is worse if worse may be the enabling of every particular Pastour to excommunicate by himselfe h Perpetuall governement of the Church pag. 321. alone Except peradventure they wil say that the particular Pastor ought to be ioyned in cōmission with the Chancelour And then beholde what would ensue On the Minister a world of troubles he must be sent for as oft as any of his parish is presented he must attend the hearing and debating of the whole cause he must bee present as oft as the Chauncelour sitteth as long as the matter dependeth to his great travaile and paines his excessiue charge and the causlesse neglecte of his calling On the otherside if this Minister wil be wilful and in fine dissent from the Chauncelour in opinion then is al the labour lost the Iudge hath spent his skill and care in vaine and the Bishops Consistory must downe to the ground either Pastor must prevaile or nothing must be done To the intollerable hinderance of Iustice and excessiue detriment of the plaintife These and the like are the well advised Propositions whereof there is store in their Discipline By which it doth sufficiently appeare that as yet it is not throughly refined 4 Extorting of vnreasonable fees who approveth Who disliketh not Who would not haue it redressed in any that offend Besides there are very i Constit Eccl. 1597. cap. de Foedis quae off Eccles severe lawes already made in that behalfe 5 Farming out of Iurisdictions and Registers places though we commende it not nor greatly like of it yet it is of it selfe a matter indifferent neither good nor ill but as it is vsed 6 The restraint of Marriage at certaine times falsely called a Popish Canon vvas k Cōsil Laodi Can. 2. auncientlie vsed in the Church of God being rightly vnderstood is now cōmendable in this of ours 7 The Long-somnes of Suits in Ecclesiastical Courts is a matter of fact not of Constitution nor is the fault of the Courte nor of the Iudge necessarily as these men would seeme to imply but sometime error in pleading sometime the intricatenes of the cause somtime the perversenesse of the Clyent sometime the cunning of the Proctors are the occasion that suites depend long And when al is said that they can say this is none other fault then is incident to the course of Iustice at the Common Law and might befall their Consistory or a better and more equal kinde of trial 8 The Oth ex officio is vsed as it ought by men of place of wisedome and experience by men of religion learning and conscience Vnto whom the authority to administer it as occasion is offered doeth iustly belong not by special Commission only but by the laws of this land by the