THE Altar of Damascus OR THE PATERN OF THE ENGLISH HIERARCHIE AND CHVRCH-Policie obtruded upon the Church of SCOTLAND 2. KING 16. 10. 11. And King Ahaz went to Damascus to meet Tiglath Pileser King of Assyria and saw an Altar that was at Damascus and King Ahaz sent to Vrijah the Priest the fashion of the altar and the patern of it according to all the workmanship thereof And Vrijah the Priest built an altar according to all that King Ahaz had sent from Damascus so Vrijah the Priest made it against King Ahaz came from Damascus Anno 1621. TO THE READER I Have drawen this paterne of the English Altar obtruded upon us out of their owne Tables of the Hierarchy and Church policie Muckets book their Canons and Constitutions Ecclesiasticall the statutes of the Realme the admonitions petitions assertions treatises answers and replies of those who sue for reformation the confessions of their opposites in their own defences I have followed the order of the Tables translated out of Latine and printed with a letter different from the rest I intended not a full refutation for I thought to discover it onely was to refute it sufficiently to any man of sound judgement saving that sometime there iâ— a light touch or poynting at any corruption where I suspected the simpler sort mighâ— be miscaried CHAP. 1. Of the Kings Supremacie IN the Ecclesiasticall policie of England generally are to be coÌ„sidered 1 Persons 2 possessions 3 constitutions concerning both Persons to bee considered are either such as haue some kinde of administration or such as have none at all The persoÌ„s that have some kind of administratioÌ„ have it either as supreme or not so ample The supreme or more absolute administration which is called the Kings supremacie is to be considered 1 generally 2 particularly Generally by which authority the Prince as supreme governor under God can set down in all Ecclesiasticall causes within his dominions whatsoever is not repugnant to the word of God By causes Ecclesiastical are meant not onely matrimoniall and testamentary causes and others abusively called Ecclesiasticall but also these which are in a proper sence Ecclesiastical subject to Ecclesiastical cognition and jurisdiction By the title of Supreme Governour is understood the same power which before was expressed by the title of Head of tâ—e Church of England in the dayes of K. Henrie the 8. and Edward the 6. For howsoever for removing of offence taken at the metaphorical title of Head it was changed in more proper termes of supreme governour under the reigne of Queene Elizabeth yet the sense remaineth still In the first yeare of her reigne it was enacted and ordained That such jurisdictions privileges superiorities and preeminences spirituall or Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore been or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities shall for ever be united and annexed to the Imperiall crowne of this Realme And that the Queens highnes her heirs and successors shall have full power authority by vertue of this act by letters patents under the great seale of England to assigne name and authorize when and as often as her highnes her heirs and successors shall think meet and conveâ—ient and for such and so long time as shall please her highnesse her heirs and successors such persons being naturall born subjects as her Majestie her heirs and successors shall think meet to exercise use occupie and execute under her highnes her heirs and sâ—ccessors all manner of Iurisdictions priviledges and preeminances in any wise touching or concerning any spirituall or Ecclesiacticall iurisdiction within the Reaâ—â—es of England or Ireland or any other her highnes â—â—minions or countries and to visit reforme redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of spirituall or Ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered corrected restrained or amended And for the better observation of this act it was further enacted that every Ecclesiasticall person officer and minister all and every temporall judge Iustice Maior and other lay or temporal officer and minister and every other person having her highnes fee or wages within the Realm of England or any of her highnes dominions shall make take receive a corporall oath upon the Evangelist before such person or persons as shall please her highnes her heirs or successors under the great seale of England to assigne and name to accept and take the same according to the renor and effect hereafter following I A. B. doe utterly testifie and declare in my conscience that the Queens highnes is the onely supreme governour of this Realme and of all other her highnes dominions and countries as well in all spirituall or Ecclesiastical things or causes as temporall and that no forreigne Prince person prelate state or Potentate hath or ought to have any iurisdiction power superiority preeminence or authoritie Ecclesiasticall or spirituall within this Realme and therefore I doe utterly renounce forsake all forraigne iurisdictions powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegeance to the Queenes highnes her heirs and lawfull successors and to my power shall assist and defend all iurisdictions privileges preeminences and authorities granted or belonging to the Queenes highnes her heirs and successors or united and annexed to the Imperiall crown of the Realme So helpe me God and by the contents of this book The title then of Supreme Governour in the oath is explained by the preceeding words of the statute to which and for observation of the which the oath is subjoyned viz. that the Prince hath all manner of spirituall or Ecclesiastical jurisdiction and all manner of privileges and preeminences any way touching or belonging to the same which was before or may be lawfully exercised for visitation of the Ecclesiasticall state reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities and that he may commit the exercise of the same to any of his naturall born subjects whom it shall please his highness to constitute commissioners in causes Ecclesiastical to judge discern and correct in matters of Idolatry simonie errour and heresie and all other causes Ecclesiasticall whatsoever This oath of supremacie is different from the oath of fidelity or allegeance devised of late That requireth no further theÌ„ to acknowledge the king to be lawful righteous king and to sweare obedience and fidelitie to him notwithstanding he be excommunicated by the Pope to acknowledge that the Pope notwithstanding of his excommunications cannot depose kings and dispose of kingdomes at his pleasure The Papist is straitned with this oath of
allegeance but not with the oath of supremacie for feare of troubling his tender conscience The statute of the supremacie was explained the same year of Qu. Elizabeths raigne in an admonition added to the injunctions as followeth That her Maiestie neither doth nor ever will challenge any other authority then was challenged and lately vsed by the noble kings of famous memory king Henry the 8. and king Edward the 6. which is and was of ancient time due to the Imperial crown of this Realme that is under God to have the soveraignty and rule over all manner of persons born within these her realmes dominions and countries of what estate soever they be either Ecclesiasticall or temporall so as no other forraigne power shall or ought to have superiority over them In this admonition the subjects are made to understand that her Maiestie did not claime power to minister divine offices in the Church as to preach the word and minister the sacraments They have been too simple who have construed the statute in such a sense For no wise man will thinke that kings and Queens will take upon them either the paines or worldly discredit to preach the word minister the sacraments intimate to the congregation the sentence of excommunication The statute doth make no mention of divine offices in the Church but of jurisdiction Ecclesiasticall which is and was in time of papistrie exercised at visitations and in Ecclesiasticall courts This explanation therefore of the admonition annexed to the Injunctions and ratified by Parliament in the fift yeare of Qu. Elizabeth derogateth nothing from the former statute but onely summeth it in more generall tearmes To challenge no more then was challenged and lately used by the noble kings of famous memory K. Henry 8. and Edward 6. is to challenge to be head of the Church to have all jurisdiction Ecclesiasticall flowing from the possessour of the Crowne as from the head and fountaine Mr. Fox in his Acts Monuments relateth that in the 34. of K. Henry the 8. it was enacted That the king his heirs and successors kings of that Realme shall bee taken accepted and reputed the onely supreme head on earth of the Church of England and shall have and enjoy annexed and united to the Imperiall crowne as well the title and stile thereof as all honours dignities preeminences iurisdictions priviledges authorities immunities profits and commodities to the sayd dignitie of supreme head of the same Church belonging and appertaining and that they shall have full power authority from time to time to visit represse redresse reforme and amend all such errors abuses offences contempts and enormities whatsoever they be which by any manner of spirituall authority or iurisdiction might or may lawfully be reformed repressed ordered redressed corrected or amended In a rescript of Edward the sixth it is thus written to Cranmer Archbishop of Canterburie Seeing all manner of authoritie and iurisdiction as well Ecclesiasticall as secular doth slow from our regall power as from a supreme head c. we give unto you power by these presents which are to endure at our good pleâ—sâ—re to give and promove to the sacred orders even of the Eldership or as they use to speake Priesthood any within your Diocie Anno 1. Edw. 6. cap. 12. an act was made That the Bishop should bee maâ—e by the Kings letters patents and not â—y election of Deane and Chapter and that they should make their proces and writings in the Kings name and not under their own names and that their seales should be the Kings armes This act repealed in the 1. of Queen Mary was revived in the 1. of K. James It was objected to Bishop Farrar in the dayes of the same yong king Edward that hee deserved deprivation because hee constituted his Chancellor by his letters of commission omitting the kings majesties stile and authority and that he had made collations and institutions in his owne name and authority without expressing the kings supremacie His answer was that howbeit there was some default of formalitie in the commission yet his highnes stile and authority was sufficiently expressed in the sayd commission Neither did the sayd Chancellor offer to visit but in the Kings name and authority to the sayd Bishop committed And as to the other poynt that hee made his collations and institutions in his owne name not by his own authority nor by any others save the kings authority expressing in them the kings supremacie with the Bishops own name and seale of office Whitgift sometime Bishop of Canterburie sayth We acknowledge all jurisdiction that any court in England hath or doth exercise be it civill or Ecclesiasticall to be executed in her Majesties name and right and to come from her as supreme Governour And againe in another place The Prince having the supreme government of the Realme in all causes and over all persons as she doth expresse the one by the Lord Chancellor so doth she the other by the Archbishops Dr. Bancroft who was afterward made Bishop of London and at last Bishop of Canterbury in a Sermon made at Pauls Crosse anno 1589. maketh her maiesty a petie Pope and assigneth unto her not some of the Popes power but all honours dignities preeminences iurisdictions privileges authorities profits and commodities which by usurpation did at any time appertaine unto the Pope belike relating the words of the act made in the 34. Henry 8. Our Bancroft Mr. Spottiswood pretended Archbishop of Saintandros at the pretended deposition of N. in the high commission sayd likewise I say unto you N. the king is now Pope and so shall be To be supreme governour in all causes Ecclesiasticall then is not onely to be an avenger with the sword as Bilson would make the Iesuits beleeve in his book of obedience but also to be judge in matters of errour and heresie superstition and idolatry and all other causes Ecclesiasticall and as a supreme governour to communicate this power to auy naturall borne subject In the Parliament holden at Perth anno 1606. where a number of the Nobility consented to the restitution of the Bishops to their 3 estate and old privileges that they might get the other prelacies erected in temporall Lordships it was declared in the second act That the whole estates of their bounden dutie with most hartie and faithfull affection humbly and truely acknowledge his Maiestie to be soveraigne Monarch absolute Prince iudge and governour over all persons estates and causes both spiritnall and temporall within his sayd Realme He is then not onely governour but judge also over all causes But the nature of the supremacie may be yet better conceived when we have taken a view of the particular rights of the supremacie and of the power granted to the high commission The Kings supremacie considered particularly consisteth either of things which are granted onely by statute or restored by statute as due of right to the Royall Crowne Granted first by
Ecclesiasticall or civill persons as for example the Lieutenant of the Tower and the Postmaster as with us the Archbishop may assume any foure of the number to be his assessours as for example Mr. Thomas Henderson comissarie of Edinburgh M. Iohn Weemes commissarie of Saintandros M. Iames Hammilton commissarie of Glasgow and the Chauntour of Glasgow Mr. David Sharpe or any other foure Ecclesiasticall persons or civill enrolled in the letters patents These three as for example the Archbishop Postmaster and Lieutenant of the Tower have power to inquire in all heresies errours schismes contempts and enormities whatsoever which were wont to be reformed by Ecclesiasticall lawes and jurisdiction in all offences and contempts committed against the forme of their service and common prayers and other late statutes made anent Ecclesiasticall matters as also seditious bookes private conventicles adulteries fornications outragious misbehaviours disorders in marriages and other offences particularly expressed in the letters patents and all other grievous offences punishable by the Ecclesiasticall lawes of the Realme So with us the five as for example the five abovenamed have power to take triall of all offenders in life and doctrine or religion or scandalous in any of these intercommoners and recepters of Iesuites Seminarie and Masse Priests hearers of Masse and excommunicate Papists so like recusants or not communicants so like incestuous or adulterous persous obstinate contemners of the discipline of of the Kirke and excommunicate for the same all ministers preachers Doctors or masters of Schooles Colledges and universities all exhorting and lecturing Readers for preaching or speaking in publicke against the present established order of the kirk truth or estate against any of the conclusions of the bypast generall assemblies of the Kirk truth specially of the acts of generall Assembly holden at Perth in the moneth of August 1618 truth and all disobeyers of the sayd acts truth likewise writers of Pamphlets contrary to any of the constitutions of the Kirke or Printers of the sayd bookes and pamphlets truth or of any other bookes without licence These three commissioners may authorize their drunken pursevant to breake open mens studies chambers coffers letternes and search if there be any bookes or writs against their Hierarchie and the orders of their Kirke and to spoile at their pleasure These three commissioners may convent before them any subject of whatsoever degree or calling civill or Ecclesiasticall in whatsoever season of the yeare earing time or harvest from whatsoever part of the kingdome even the remotest for whatsoever offence reputed Ecclesiasticall even the lightest to the great detriment and domage of the subjects So with us may these or any other five in the number the Archbishop or any one of them being alwayes present summon and call before them at the times and places they shall thinke most convenient any person dwelling within the kingdom of Scotland and provinces of Saintandros and Glasgow These three commissioners have power to command the Shireffes Iustices and other officers and subjects to apprehend or cause to be apprehended such persons as they shal think good and take such bonds for their appearance as they shall prescrive or to commit them to prison So may the five with us direct their warrant to the Captaine and Lieutenant of the Kings guard the Provost and Bailies of the Burgh where they shall happen to sit Shiriffes and Bailies of Regalities to search take and apprehend whom they please and to present them before them The three commissioners have power to force any person convented before them whom they suspect to accuse himselfe upon his own oath to answer to their interrogatories when there is no accuser nor article of accusation libelled against him He must sweare to answer to that which he doth not as yet understand not so much as in generall And to grace this oath they call it the oath ex officio If any person refuse to take this oath hee is forthwith committed to prison The manner of taking the oath is by laying their hand or three fingers on the book to sweare by God and the contents of the booke that they shall answer truely to such things as shall bee demanded of them and when the book is kissed the oath is accepted as Barow reporteth in his Discovery And although the penalties of the statutes bee never so great as Premunire abjuration forfeiture of lands and goods and some of the offences are limited to bee tried onely in the Kings Bench yet the partie suspected shall be forced by this commission to accuse himselfe upon his owne oath upon such captious interrogatories as the wit of man can devise when there is neither accuser nor libell of accusation sayth Nicholas Fuller in his arguments and defence of his Clients This oath was set on foot under King Henry the 4. at the instant sute of the Prelates for detecting and suppressing of those whom that blind age called Lollards that is for suppressing of the Gospell which was peeping out of corners The Commons repined against that Statute ex officio and the godly wrote against it as a bloodie Maximinian law They were first ordeined to accuse themselves and then to be burnt See Fox in Henry 4. The same oath doe the Prelates now make a meanes to suppresse a due reformation of their Church Worthy Vdal and many more have ended their daies in the prison for refusall of this unjust and superstitious oath The three Commissioners have power to fine at their discretions to commit to prison for non compearance or for contumacie in refusing to obey their decrees or reputed desert of their offence and all the Iayles Wards and Prisons in the land are at their command to receive the person committed and sent by them to prison So with us the Captaines and Constables of the Kings Wardes and Castles jaylors keepers of prisons in burgh or land are charged to receive and deteyne all persons directed to them in such forme as shall be prescribed in the warrant subscribed by any five of them one of the Archbishops being alwayes of the number Neither may the imprisoned be set at libertie but at their pleasures And with us also the Lords of his Ma privie Councell are required upon the sight of any certificate subscribed by any 5. of the sayd Cōmissioners one of the sayd Archbishops being alwayes one either of fine imposed upō any party or upon the refusing to compeir before the sayd Cōmissioners to direct a summar charge of horning upō ten dayes for payment of the fine that shall be imposed upon them and to direct others letters for denouncing persons that shall refuse to compeir before the sayd Commissioners of the which letters no suspension or relaxation shall be granted without a testimony under one of the Archbishops hands of the parties obedience and satisfaction Howbeit with them they bee thus authorized by the Kings letters patents to fine ward and imprison yet are they not so
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 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
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
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
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 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