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
reckoned up onely for the fashion of others not their mentioned they take a severeâ— account As for example Mucket doth adde these following Delay of Baptisme at the point of death contempt of Episcopall confirmation not bowing the knee at the Letanie and at the name of Iesus reproaches against the Liturgie the government of the Church c. Profanation of the Chalice and the plate Profanation of the Church-yards with Markets or Faires with weapon shewing with dancing c. In the Admonition to the Parliament it is said Now great sins either not at all punished as blasphemie usurie drunkennesse c. or else slieghtly passed over as with pricking in a blanket or pinning in a sheet as Adulterie Whoredome c. Again such as are no sins as if a man conforme not himselfe to Popish orders and ceremonies if he come not at the whistle of him who hath no authoritie to call wee meane Chanscellours Officials and all that rable are grievously punished not onely by Excommunication Suspension Deprivation and other as they terme it spirituall coertion but also by banishing imprisâ—ning reviling taunting c. So howbeit the offences which are abovementioned in the Table belong to Ecclesiasticall enquirie in respect of the slander they are taken from the lawfull iudicatorie of the Church and transferred to the Bishop to enquire as he thinketh good And therefore it is but pro froma that they are here set downe Simonie is one of the number and yet what Simonie is committed and how that may be dispensed with wee have already manifested Where is horrible blasphemie so rife It were longsome to goe through all the particulars But this I cannot passe vvith silence anent the prophanation of the Lords day howbeit it bee not heere expressed The Bill for the better observation of the Sabboth 27 Elizabeth being â—assed by both houses of Parliament was notwithstanding gainesaid and withstood by none so much as by certaine Euangelicall Bishops and whiâ—h as there men generally conceived was onely stayed from being made a Law by the Queene upon their counsell and perswaasion When the Bshop doth visite he doth not visite every parish by it selfe as our Presbyteries wont to doe but all the Parishes in the bounds of foure or five rurall Dâ—anries at once When his lordship commâ—th to some principall Kirk of one of the Deanries then the Ministers Church-wardens and Sidemen within the bounds of those Deanries are to repaire to that place The Parishes which perhaps have just matter of complaint against their dissolute Minister of Church wardens are not warned to be present at this Visitation The Bishop being set on high and the rest standing before him the Church-warden touching the book and kissing it is enjoyned at an appointed day to make known to the Bishop or his Vicar such offences as in a book of Articles given them are expressed For he hath his Chancellour or Vicar and Arch-deacon to assist him At the appointed time the Church-wardens come and giue up their bills of presentments the names and dwelling places of the delinquents The delinquents are sent for if they can round over the matter with the bishop or his chancellour or vicar there is no more of the matter but if not then is the delinquent enjoyned to take an oath suppose there be no evidence of the crime but onely a slanderous report and bruit and if he free not himselfe by an oath he shall be holden as guiltie yea further he must have sixe or eight besides to sweare at a set day their oath of credulity that they perswade themselues he hath sworn the truth and thus hee is purged by canonicall purgation Thus are they very careful when the matter is not rounded over For as Lindwood Canterburies principall Officiall who wrote about 200. yeares since saith Vigilare non curant proelati quamplures ut obseruentur statuta nullam utilitatem bursalem inducentiâ— Many Prelates are not vigilant and carefull to have statutes observed which bring no purse profite with them Many abuses and corruptions are in their Vâ—sitations no doubt which have not as yet come to my knowledge but you must be content good Reader with the little that I have delivered In contentious jurisdiction are to be considered either the persons or the causes judged or judgement it selfe The persons either the ordinarie judge or else his surrogate or the parties the pursuâ—r and defâ—ndant and they doe plade either by themselves or by others as by the advice of advocates or the diligent travels of their Procurators The things judged are either of publike or private interest of publike as I contribution for reparations of the Church fabrick and Church-yard dike and for acquiring any other thing which is lâ—cking in the Kirk or 2 punishment some Ecclesiasticall offence or contumely It is true every Church ought to be carefull to hold up the fabrik of the Church and to furnish it with all necessarie utensils but if the Parishioners who ought to bee contributories be slack they ought to bee pursued for the money in the Kings Courts not in Church consistories If a man holding land which usually payd a pound of waxe to the Church do withhold it the Churchwarden may very welpursue before a civill judge Suchlike if the Church be uncovered or the churchyard unclosed Church officers may not impose taxations Of privat interest in causes of 1. matrimony 2. succâ—ssion to the goods of the deceased 3. Ecclesiasticall rights Of matrimonie either by action or for supporting or dissolving of it By action either to conciliate knit as when we sue at law that matrimonie may be celebrate and consummate according to the contract or that after the celebration the mutuall marriage duties may be performed which is called Actio directa or when we intend actioÌ„ of lactication of maâ—â—mony against another who falsely pretendeth a matrimonial contract to our prejudice which is called Actio contraria For supporting or upholding of matrimonie as when aftâ—r the marriage we sue for the money promised in dowrie with the Bride For dissolving of matrimonie either for a precontract matrimoniall of either of the parties with some other or perpetuall and incurable frigiditie or consanguinitie or affinitie by lawfull or unlawfull copulation or adulterie or for rigorous dealing in which case separation from the bedd and boâ—rd but not from the bond is granted Such matrimoniall causes as are meere civill belong not to Ecclesiasticall courts as debts and dowries promised in marriage are not properly demandable in Ecclesiasticall courts Matrimonie as it is a civill contract may be ordered by civill lawes seeing upon it dependeth the right of inheritances providing that nothing bee done repugnant to these conditions which God in his word hath superadded to that contract as to determine within degrees prohibited or polygamie to bee lawfull So farre as it is divine in that God conjoyneth and interveneth as third person and setts downe conditions both
statute as to receive the Annates or first yeares fruits of every Ecclesiasticall benesice after the vacancie of it and the tenth of all Ecclesiasticall benefices yearly These first fruits and tenths were the Popes due in time of Poperie when the Pope was cast forth they were given to the King and it was enacted That the Kings Maiesty his heirs â—nd successors for the augmentation and maintenance of the royall estate of his Imperiall Crowne dignity of supreme head of the Church of England should yearly have take enioy and receive united knit unto his imperiall crown for ever a yearly rent or pension amounting to the value of the tenth part of all the revenewes rents farmes tythes offerings emoluments and of all other profits as well called spirituall as temporall then appertaining or belonging or that afterward from thenceforth should belong to any Archbishopricke Bishopricke Abbacie Monasterie Priorie Archdeaconrie Deanrie Hospitall Colledge house Collegiate Prebend Cathedral church Collegiate Church couentuall church Parsonage Vicarage Chanterie free chappell or other benefice or promotion spirituall c. It was further enacted That the sayd first fruits and tenths and all the reuenewes and profits thereof should be in the order survey and governance of the Court of first fruits and tenths and ministers of the same This Court was erected in the Parliament begun anno 31. Henr. 8. Marke these words for the augmentation and maintenance of the royall estate of his Imperial crowne and dignity of supreame head of the Church of England for in that respect are the tenths exacted Restored by statute as of right due to the Crowne are either such as have ever been used by the Prince within his dominions or haue not been in use c. Ever in use as the supreme right of patronage called Patronage Paramont so that by lapse of time collation of benefices are transferred to the Prince and no further 2. To reap the tents of vacant benefices to his owne proper use 3. to give licence to choose a Bishop 4. to nominate a fit man to the Chapter whom they shall choose to the Bishopricke 5. to give consent to the person elected 6. to receive the oath of homage from the Bishop 7. to present any Ecclesiasticall persons whatsoever before the civil judges for offences committed against the peace of the kingdome and the Kingsroyall dignity Presentations and collations of benefices whether ordinary and original or extraordinary and transferred by devolution to superiours for the neglect of inferiours postponing times prescribed by law are the inventions of Sathan broched and dressed in his kitchin sayth Beza For when the Patrone presenteth to a benefice and the Bishop giveth collation the libertie of the Church to choose and seeke the worthiest and fittest man one of a thousand as Iob speaketh is taken away and unworthy men thrust upon the Churches When there is any defect through neglect of time this liberty is not restored to the Church but her bondage still increaseth till at last the power of bestowing a benefice by gradation come to the Prince Now to conferre a benefice is to set a Pastor over a flocke for howsoever the person presented have received Ordours before yet he hath not a particular charge but is a minister or as they call him a Priest at Random till he obtaine some benefice The Prince taketh up the rents of vacant Bishoprickes as Superiours of vassals who hold their lands of their Liege Lord. The Bishops See being vacant the Diocesan Church as they call it hath not liberty to choose a Bishop either in a full convention or by their commissioners nor yet the ministers of the Diocie but onely the Dean and Chapter as was the manner in time of Popery Neither may the Deane and Chapter proceed to the election till first a licence bee sent from the Prince and with the licence is sent a letter nominating the person whom they shall choose and then they proceed to the acceptation rather then free election of the person nominated Notwithstanding of this imaginary and feigned processe of election the kings assent and ratification is required Yea without all this imaginary proceeding of Deane and Chapter the Prince may by vertue of the statute above mentioned proceed to the ful election by himselfe and will do it when he thinketh good The clergy nobility gentry communalty of the Diocie are not regarded all this time They must accept whom Deane Chapter at the Princes pleasure shall recommend to them Hence it is that the Church receiveth Pastors Bishops from the Princes palace and he that can give or promise the greatest gift to the greatest Courtier shall win the prise So the prophane courtier setteth these great commanders Pastors over many Churches From Popes and Princes courts as out of the belly of the Trojan horse have been sent forth asses swine Beares Bulls upon the Lords vineyard At the last Parliament 1617. election by Deane and Chapter was established without the consent yea against the acts of our Kirk And the first man that entred this way I mean the Parliament way that is by Deane Chapter was the land of Corce who made it nice to take on a Bishopricke till he had a lawfull calling and the free approbation of the Kirk My Lord elect must make homage to the Prince and sweare not onely fidelity which every subject owe to their Prince but also as a vassall to doe homage to him as his superiour and performe that knight service which he is obliged to for his temporall lands Whereas before they held their lands in pure almes they were either compelled by Princes to hold in knights service or made filthie pactions with them to the end they might get in many temporall lands and for that cause rendred themselves as vassals selling both their owne liberties and the liberty of Ecclesiastical elections Not in use till after the Papall usurped authoritie was utterly driven forth of the bounds of the English Empire These concerne 1 appellations 2 Canons and lawes 3 Benefices As for appellations interposed at the instance of any party 1 The last appellation is made to the Prince and not forth of the kingdome 2 hee delegateth judges by the Chancellour of England under the great seale who shall determine in the cause Appellations ascend by degrees from one to one not from one to many No mediate appellation is heire from one to a Provinciall Synode or Nationall but from the Archdeacon or his officiall to the Bishop from the Bishop or his Commissary to the Archbishop from the Archbishops Archdeacon to the Court of Arches or the Court of Audience from these Courts to the Archbishop himselfe from the Archbishop to the Court of Chancery or to the Prince who by the Chancellors seale appointeth judges 24. Henr. 8. 25. Henr. 8. 1 Elizab So in place of gradation from parish Sessions and Consistories to classicall meetings of the Presbyteries from Presbyteries to Synodes
satisfactions For remeâ—d of corporall pennance the offendour may obteine a redemption for some peeee of money and this is called commutation of pennance and so the sheete pennance is turned into a purse pennance If the corporall pennance be ordeined to a spirituall end as they say to afflict the body or outward man for humbling of the soule how can it be exchaÌ„ged in a pecuniarie mulct which hath no such operation with it especially with the greater sort or did they ever read of the like but in the dark dayes of poperie Buriall they deny to such as are strangled for felonie usurers and others excommunicated by their offiâ—ialls and Chancellours The censures and punishments peculiar to ecclesiasticall persons are not all of one nature For some arise upon their medling with causes civill howbeit abusiuely called ecclesiasticall as the sequestration of the fruits of a benefice and giving them for a time to the custodie of another for to defend some mans right or to chastice the cotumacie of the owner which sequestration if any man violate he is to incurre the greater excommunication by the old constitutions of the English Church sayth Muckâ—t But seeing the originall of it is but temporall it belongeth nothing to Ecclesiasticall Consistories Deprivation is the removing of a beneficed man from his benefice A benefice is a mans freehold and therfore seing his livelihood consisteth it he ought not to be removed from it at the pleasure or judgement of one man There is no difference betwixt deposition and degradation but that deposition is verball inflicted by the sentence of the judge degradation is real as when the Ecclesiastical person is denuded or unclothed of the garments ensigns of his order in presence of the civill Magistrate to whom he is relinquished to bee punished for heresie or some other great capitall crime Vntill this be done they are exemed from the stroke of the Magistrates sword after the old papistical manner for to what use else serveth this degradation This censure of deposition as the rest is in the hands of one man alone D. Field affirmeth howbeit otherwise one of their owne that the Bishop may doe nothing in matters of greatest moment and consequence without the advice and presence of presbyters and in especial that he may not deprive depose or degrade by himsâ—lfe alone and proveth it out of the 3. and 4. Councell of Carthage That by the late Canons in pronouncing the sentence after the proces ended before the Chauncelour Commissarie Officiall the Bishop should have the assistance of his Chauncelour the Deane and some Prebendaries or the Archdeacon is no point of reformation as they pretend for these are onely their servants and followers which are to them as the shadow to the body It is sayd in the Canon law that the consistorie of the Bishop and the Chauncelour or principall official is all one therefore a man may not appeale from the Officiall principall to the Bishop and the Archdeacon is called oculus 〈◊〉 the Bishops eye Further they observe the Canon but as it pleaseth them for there is no sanction added unto it These are the censures punishments which are the sinewes of their ordinarie jurisaiction by as they are 〈◊〉 commissioners or haue civill callings committed to them by the Prince they have their prâ—sons as Clinke Gatchouses Colehouses towres and Castles both for laymen and ecclâ—siasticall persons The jurisdiction it self is eyther voluntary or contentious Voluntary jurisdiction is when the person with whom the Bishop dealeth doth not stand against it Contentious is when such causes are handled against which some partie standeth or else dealt with therby against his will For it is to be thought that the party defendant will not willingly compeir and unlesse he be compelled and therefore is presumed to come against his will Voluntary jurisdiction is established eyther by statute or by the Municipall lawe or by the Municipal law confirmed by the eccâ—â—siasticall or by the ecclesiasticall confirmed by the Municipall 1. By the statute as 1. to grant licence for a time to eate flesh upon forbidden dayes 2. that any being approved â—ay exercise Phâ—sicke or Chirurgetie or instruct children in that Diocie 3. to unite and consolidaâ—e lesser Kirkes according to a statute made thereanent 4. to assist civill Iudges in executing certaine statutes which concerne Ecclesiasticall causes 5. to collect tenthes and subsidies duc by Ecclesiâ—sticall persons and that either by taking a stresse or by Ecclasiasticall censures The 1. is superstitious the 2. is impertinent except that part which concerneth Schoolemaisters but that should not be at his sole disposition The petition to the Queen relateth that liâ—ences are granted to Scholmasters for money to teach The 3. likwise is not to be ordered at his will and may very wel be ordered without him So may the 4. if it were needful The 5. is not an office competent to his calling neither is the maner of exacting to be allowed By the Municipall law as 1. to certifie at the kings rescript the civill Iudges of Bastardie and unlawfull Births of lawfull and unlawful marriages 2. to require the kings rescript for burning a pertinacious heretick already condemned 3. to require the kings rescript for coÌ„mitting to prison the person which persisteth with an obstinate mind excommunicate 40. dayes The 1. may be done other by them or without them The 2. for the kind of punishment and forme of proceeding is a part of the Maximinian law which was made in the time of K. Henry 4. whereof the â—ath ex officio is the other part The 3. is used after this manner If one be excommunicate for the smallest trifles in their Courts or for a supposed offence where there is none indeed if hee stand wilfully 40. dayes together excommunicate and accordingly certified by the Bishop into the Chauncerie that then he is to be committed to prison by vertue of a writ directed to the Sheriffe sayth the authour of the Apologie of certain proceedings in Courts Ecclesiasticall Neither is intimation at the common law required but these certificats mention onely in generalitie the parties coutumacie and disobedience The effect of the writ de excommunicato capiendo is two-fold 1. upon the certificate of the Bishop the party excommunicated is to be debarred action in all the Queenes Courts 2. the partie is to be imprisoned and is not to be delivered unlesse he submit himselfe to the Bishop except he hath appealed to a superiour Ecclesiasticall judge By the municipall law and confirmed by the Ecclesiasticall as 1. to cause the testaments of the deceased to be proved and registrate 2. to grant the administratioÌ„ of the goods of him who died intestate to the neerest kinsman 3. when no man will enter here to command to collect and keepe in custodie Bona caduca 4. to cause account to be rendred of the savd administration and to approve and reject the same as law
of conjunction and dissolution in the word the Church is to see that that order and these caveats bee observed which are contained in the word For it may fall out that both in binding up of marriage they may commit incest and in dissolving without a just cause may offend also It is the Churches duty to prevent and remove such offences But of other lawes civil and municipal they are not executors These lawes which are divine are of a mixt nature These which are civill belong onely to the civill Magistrate The Churches part is transferred to the cognisance of officials to whom it doth not belong And therfore Beza concerning this abuse writeth thus Sed quorsum hoc ad officiales promotores procuratores totam denique illam procorum colluviem quae Ecclesiam Dei iâ—mprideÌ„ devastat quorsum hoc ad illa non Ecclesiae tantuÌ„modo Christianae verumetiaÌ„ universi mundi de But what maketh this sayth he for officialls promoters Proctors and all that filth of swine which now a long time doth waste the Church of God What is this to these shamefull staines not onely of the Christian Church but also of the whole world Further beside the Churches part which is to take heed to offences and breach of Gods law they have taken the Canon law for the rule of their proceedings both in spousalls mariages and divorces And thirdly have taken in debts and dowries goods and chattels which are accessorie to marriage to judge upon and this must be called Ecclesiasticall cognisance Lastly these causes are of such weight that they are not to be committed to the skill or conscience of one base officiall It is observed by the author of the Assertion for Christian policie that mens inheritances many times hang in suspence upon question of lâ—gitimation or illegitimation of their children to be allowed or disallowed by the Canon law and that many Knights Esquires and Gentlemen doe complaine and bewaâ—le the stealing away and mariages of their daughters neeces neere kinswomen or wards Couples have been married and lived together 4 6 or moe yeares as man and wife and upon a new and sudden dislike and discontentment or upon a surmised precontract pretensedly proved by two suborned witnesses by vertue of the Canon law the husband was adiudged no husband the wife no wife Another example he relateth of one solemnly maried to a wife and after by reason of a precontract solemnly divorced from the same wife and compelled by censures of the Church to marry her for whom sentence of precontract was adjudged and yet authorized by the same consistorie about ten or twelve yeares after the divorce to resummon recall and rechallenge his first wife she having a testimoniall out of the same consistorie of her lawfull divorce and being againe solemnly maried to another husband Licences of mariage have been granted out of their Ecclesiasticall Court with a blanke So the partie licenced was enabled if it had been their pleasure to marry another mans wife or his wives sister Many moe grosse absurdities are there alledged by thâ— learned authour which the Reader will sâ—arce beleeve But I omit them and many other things which might be sayd anent the particulars set down in this Table Succesâ—â—on to the goods of the deceased is either or him who hath made his testamâ—nt or who hath died intestate The first 〈◊〉 her universall when the plea is for proving or improving the testament exhibited or particular when the suit is for to obtain a cerâ—ain legaâ—ie The sâ—cond is either properly when no testament is made or by way of inâ—estate as when there is none who will take upon them the burthen of executorie In either of the cases the action is either to obtaine the administration of the goods and that eitheâ— simply or with the later will annexed that it may be fulfilled or witâ— the tutorship and to the use of the Minâ—râ— or else the action is against him that ingyreth himselfe into the administration and intrometteth with the goods of the deceased not being inabled with any warrant Causes testamentarie and their appendicles are meere civill and temporall and therefore do not belong to spirituall Courts It is by the grant of Kings not by Ecclesiasticall right that Church consistories have medled with such causes Because Bishops were supposed to bee men of good conscience and that they would be carefull to see the later will of the deceased performed then others therefore they were reserved to Episcopal audience and cognisance of Ecclesiasticall Courts But this respect was not founded upon Gods word For we must not looke so much to conscience as to a lawfull calling or else all civill causes pleaded before a Iudge should be referred to Church-men because of their supposed good conscience And the truth is it is but supposed indeed For a Bishop or pastor that will medle in matters impertinent to his calling hath but a bad conscience Such a man will never make conscience of it more then another religious Christian. And what conscience they made of the matter may bee seene in that they transferred that which was committed to their trust to a base Officiall who hath as bad a conscience as the Bishop himselfe and badder if badder may be And as for skill in deciding such causes no man will deny but the civill judges are more able to cognosce and determine in them then Church-men By the common law sayth Lindwood these causes were not committed unto the Church but by the free grant of Princes And therefore in the lawes alledged by him approbation and insinuation of testaments are forbidden Clergiemen Et ratio redditur in juribus illis allegatis quia opprobrium est clericis si peritos ostendere velâ—â—t rerum for â—enseâ—â—â— May not matters of legacies and bequests of goods as well as of lands bee determined in remporall Courts Cannot the Iudges in temporal courts discerne upon proofes and other presumptions whether the testator was of perfect memorie or distracted as they doe in questions of lunacie madnesse or idiocie in men living Can they not define of two wills which is the first which is the later will whether the legacie remaine or bee recalled whether it bee pure or conditionall If a creditor may recouer his debt due by the testator in the teÌ„porall Court what should hinder a legatarie to recover his legacie in the same Court This poynt is made cleare and amplified in the Assertion of true and Christian Church policie To conclude then probates of wills committing of Administrations sequestrations of the goods of the intestate recovering of legacies taking up of inventaries c. belong not to a Church Consistorie and it is a very great abuse that such Consistories should be called Church consistories and that spirituall censures should bee put in execution by them Ecclesiasticall dues and rights are 1. tithes which are either Praediall Personall or Mixt. Praediall tithes are such as come of the
The one to the end the Clergie might sue for that that was their sustentation before their own Iudges and the other is a kinde of pietie and religion which was thought incident to the performance of dead mens wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himselfe upon his ordinarie Judges And I thinke likewise it will fall out that those suits are in the greatest number But for the rest which require a spirituall science and discretion in respect of their nature or of the scandall it were reason in mine opinion that there were no audience given but by the Bishop himselfe he being assisted as was touched before But it were necessarie also he were attended by his Chauncellour or some other his officers being learned in the civill lawes for his better instructions in poynts of formalitie or the courses of the Court which if it were done then were there lesse use of the officiall Court whereof there is now so much complaint And causes of the nature aforesayd being drawn to the audience of the Bishop would represse frivolous suits and have a grave and incorrupt proceeding to such causes as shall bee fit for the Court. There is a third forme also not of jurisdiction but of forme of proceeding which may deserve reformation the rather because it is contrary to the lawes and customes of this land and state which though they doe not rule this proceeding yet may they be advised with for better directions and that is the oath ex officio wherein men are forced to accuse themselves and that is more are sworne unto blankes and not unto accusations and charges declared By the lawes of England no man is bound to accuse himselfe In the highest causes of treason torture is used for discoverie and not for evidence In capitall matters no delinquents answer upon oath is required no not permitted In criminall matters not capitall handled in the Starre-chamber and in causes of conscience handled in the Chauncerie for the most part grounded upon trust and secresie the oath of the partie is required But how where there is an accusation and an accuser which we call bills of complaint from which the complaint cannot varie and out of compasse of the which the defendant may not be examined exhibited into the court and by processe certified unto the defendant But to examine a man upon oath out of the insinuation of fame and out of accusations secret or undeclared though it have some countenance from the civil law yet it is so opposite ex Diametro to the sence of the common law as it may well receiue some limitation This wise Polititian maketh this overture supposing that the Bishops ample and spatious circuite will not be contracted and that these causes which in their owne nature are temporall wlll not be drawne from the ecclesiasticall Courts For such a reformation is not nor may not be 〈◊〉 at in these dayes at least Polititians will not hazard their places and hopes in seeking of it leâ—t Caesar â—tart But their is a day coming for the Antichrist and them also What we have spoken before against medling with civill causes their large Diocie and excluding the Presbyterie from the coÌ„mon governement here not mâ—lled with I need not to repeat Alwayes the reader may take up very solide reasons against the deputation of their authoritie The ordinary Iudges who under the Prince execute judiciall administration in name of others are the Bishops deputies to wit the Vicar generall for the universitie of causes belonging to voluntarie jurisdiction 2. The officiall principall for the universitie of causes belonging to contentious jurisdiction 3. The Commâ—ssary for certainâ— causes within a certaine part of the Diocie The persons having judiciall admininistration not brought in by any law have it eyther by Royall composition or privilege or prescription of time By prescription of time as 1. some in exempt jurisdictions 2. Archdeacons whose office constitute by law is to enquire in the repairing and covering of Kirks their implements in ecclesiasticall enormities to be punished to refer to the ordinary matters or greater moment to induct into benefices 2. jurisdiction as they haue it by prescription It is â—xerced eâ—ther by themselves or by their Officials 〈◊〉 Byshop hath a two fold power one of order another of jurisdiction The power of order he committeth to his Suffragane Bishop as ordaining of ministers and Deacons Bishoping of children dedication of Churches and church yards etc. Their jurisdiction is eyther voluntary or contentious The voluntary he coÌ„mitteth when he is absent to his Vicar generall the contentious he commiteth to his Chauncelour and Comâ—â—ssarie The Vicar generall then in absence of the Bishop may visite the Diocie or any part thereof give certificates into the Kings Courts of bastardie and of excommunicates commit administrations give licence to eate flesh upon forbidden dayes doe all that may be done by the Bishops voluntarie jurisdiction whereof we haue entreated already D. Field sayth that Bishops had Vicars generall that might doe all things almost that perteyne to the Bishops iurisdiction And Lindwood sayth that they might not onely enquire into but also punish and correct offences The other deputies of the Bishop may be also called his Vicars yet are they designed 〈◊〉 distinct name because they haue a distinct office to wit the Chancelour and the Commissarie The Chauncelour is the Bishops principall officiall deputed for his principall Consistorie The Commissarie is the Bishops officiall also but in some remote part onely or some places exempted from the Archdeacon and he is called in the Canon law Officialis foraneus id est extraneus sayth Canisius This distinction betwixt the Chauncellour and Commissarie is made cleare in Cowells interpreter as followeth Officialis in the Canon law is especially taken for him to whom any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in every Diocie is Officialis principalis whom the statutes and lawes of this kingdome call Chancellour Anno 32. Henr. 8. c. 15. the rest if there be more are by the Canon law called Officiales foranei gloss in Clement 2. de rescriptis but with us termed Commissaires Commissarij as in the statute of Henr. 8. sometimes Commissarij foranei The difference of these two poynts you may read in Lindwood tit de sequestra c. 1. But this word Officiall in our statutes and common law signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute above mentioned and many others places Againe Commissarius is a title of Ecclesiasticall jurisdiction at least so farre as his commission permitteth him in places of the Diocie so farre distant from the chiefe citie as the Chauncellour cannot call the subiects to the Bishops principall Consistorie without their too great molestation This Commissarie is of the Canonists termed Commissarius or Officialis foraneus Lindw
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
of Shires from Synodes to Nationall Assemblies they must step up a Popish ladder by Archdeacons Officials Bishops Deane of Arches Archbishops saving that at the top of the ladder they finde the Prince for the Pope to whom they must not appeale nor yet to any greater Councels of many reformed or unreformed Churches or to an oecumenicall Councell whatsoever they talke of Generall Councels Now the causes convoyed by these subordinate appellations are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts Of which causes wee are to treat in the third chapter These which belong to Canons or Ecclesiasticall lawes concerne either the making of them or the administration and execution of them or the relaxation of them As for the making of them 1. in that the Prince may make new lawes anent ceremonies and rites with advice either of his Commissioners in causes Ecclesiasticall or of the Metropolitan 2 Synod provinciall or nationall may not be convocated without the Princes writ direct to the Metropolitan 3. Nothing may be treated or determined in the Synode till the Prince first be made privie and give assent 4. Nothing shall have the force of a law till the Royal assent of the Prince be given to those things which the Synod shall think good to decree Beza in his 8. Epistle to Grindal Bishop of London confesseth that he trembleth and shaketh at the first of these heads And in very deed it may turne upside down the whole government of the Church and outward forme of Gods worship overthrow the one and deface the other Did not the Bishops affirme at the examination of Barow that the Queen might establish what Church government it pleased her Highnes Because they dare not affirm that Princes may change any thing that is unchangeable by divine law therefore they make many unchangeable things both in government and externall ceremonies in Gods worship to bee changeable that they make a change at their pleasure and may bring in all that ever was hatched by the Antichrist a Popish Church government significant rites and symbolicall toyes and ceremonies For what may a corrupt Prince and a corrupt Metropolitan or some few corrupt commissioners not challenge for changeable Nay even rites of order and comelines and lawes of things indifferent for a religious use should be considered by the lawfull and ordinary assemblies of the Church how they agree with the generall rules prescribed in the word how they will edifie the Church how God shall be glorified Christian charitie entertained order and comelines preserved For we must not consider things indifferent onely in â—heir generall kinde but in their particular and circumstantiall use which if we permit to Princes they may abuse indiffereÌ„t things to the great hurt of the Church Synods ought not to be convocate without the Princes privitie or the warrant of the law in generall but if the Prince be wilful in denying his assent and the Church be in extreame danger ready to be overwhelmed or greatly disturbed with heresies schismes divisions enormities we may use the benefit of the law and if the law of man be wanting yet the Church should not cease from doing her dutie and exercising that power which is granted her by Christ who hath also promised his presence when but two or three are convened in his name Salus Ecclesiae suprema lex esto The power of Christian Princes in the Church is cumulative to aid her to execute her power freely not privative to deprive and spoile her of any power Christ hath granted to her And by the same reason the Church may entreate determine and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments notwithstanding the Prince will not assent approve ratifie the Canons of the Church nor confirme them by his lawes and fortifie them with temporal punishments Prudence I confesse is required in the Church to weigh the case of necessity when to put this â—er power in practise As for the administration and execution of lawes in that the Prince may 1. visit the Ecclesiasticall state and their persons 2. reforme redresse and correct them and whatsoever sort of heresies schismes errours abuses offences contempts and enormities of any whomsoever 3. to assigne nominate and authorize when and as often as it is his pleasure such persons being naturall borne subjects as he shall think meet 1. to exercise and execute all manner of jurisdictions privileges and preeminences in any wise touching or concerning any spirituall or Ecclesiastical jurisdiction 2 to visit 3 to reforme correct and amend all such excesses or defects whatsoever which by any maner of Ecclesiasticall power authority or jurisdiction might been have been reformed ordered corrected amended or restrained The Princes power in visiting reforming and correcting abuses enormities errours heresies c. may be seen as in a liuely picture in the high commission to be not onely a temporall power but also a spirituall to inflict Ecclesiasticall censures punishments For the Prince could not communicate this power to his Delegate Commissioners except he claimed it to himselfe as Principall For none can transferre that to others which he hath not himselfe It must follow therefore that the Princes power is Ecclesiastical not onely in respect of the object and matter whereupon it worketh as heresies errours abuses c. but also formally in respect of the manner to wit by inflicting Ecclesiasticall censures and punishments unlesse we will affiâ—me that suspension deposition excommunication are not Ecclesiastical but civill punishments and censures which were absurd We shall entreat of the power of the high commission in the next chapter severally by it selfe As for the relaxation of the Canons or lawes in that 1. first for ever when as they are altogether abrogated by the Prince 2. for a time onely as when hee granteth remission of any crime or transgression of the Canons for times by gone and to come when both infamie is abolished and the transgressor is restored to his former state 4. When the grace of the Canon is granted for time to come to any certaine person upon speciall occasion the cause being tried which grace they call dispensation which is for the most part done when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute are confirmed with the great seale of England or when if he without just cause refuseth the Chancellour of England granteth them primarily according to the statute made thereanent If the Prince may abrogate the canons of the Church without consent of the church in vain were the Canons of the Church made Or that the Church may not abrogate any canon when they finde it proveth inconvenient is as great an inconvenience In vaine likewise are canons strengthened and guarded with censures and punishments and the black markes of infamie set upon heynous crimeswith the legall effects thereof if the Prince may abolish the crime as simoniacall paction or any the like
or else infamie arising upon the crime and make petent the ports of Ecclesiastical dignities to infamous men against the rule of the Law Infamibus portae ne pateant dignitatum The Prince granteth also dispensations either primarily by his Chancellour if the Archbishop refuse or secundarily confirming the faculties and dispensations granted by the Archbishop and so by dispensations may dissipate and wound at pleasure the Canons of the Church Now the Prince may dispense by their lawes in all causes wherin the Pope of Rome was wont to dispense of old The third sort of rights restored as due to the crowne which were not in use but since the Popes authority was driven forth concerne Benefices Ecclesiasticall and Dioceses in that the Prince may 1. enjoyne the Archbishop to confirme the election as also to consecrate the elected into the Bishopricke 2. to unite and consolidate or to divide lesser Benefices or Bishopricks which were before united 3. to grant a vacant Bishopricke or lesser Benefice in title of trust which they call a Commendam 4. to translate Bishops from one Bishopricke to another 5. of two which are nominated to choose one to be a Suffragane Bishop 6. to enlarge or contract the bounds and marches of any Diocie Election confirmation and consecration of Bishops were performed of old all at one time and that in a Synode of Bishops If the Prince may unite and enlarge Diocies and Parishes without the consent of those who have interest hee may make parishes Diocies and Diocies great Provinces The competent flockes for Pastors should bee measured by the Church who calleth them and knoweth best what burthen is most proportionable to their strength Bishops should not be translated at Popes or Princes pleasures as it often commeth to passe in our times The old Canons condemne this leaping from See to See Ambitious and covetous men cannot content themselves till they get either a fatter or more glorious Bishopricke Some are not content of one Bishopricke except they also get the commendam and custody of another They must not have two Bishopricks at once by the Canons yet heir a tricke one they may have in title of a Bishopricke another by way of trust and custody till it bee planted A man may not have two wives yet hee may have two women one as a wife another as a Lemman Some of them have keeped another Bishopricke in commendam sixteene or twentie yeares as the Bishop of Glocester was commendatare of Bristow Yea they may keepe this Lemman all their life time if it please the Prince to bestow a perpetuall commendam For commendams are not onely temporarie but also perpetuall whereas of old they endured onely for sixe moneths or some like short space They enrich themselves not onely with Commendams of other Bishoprickes but also when that cannot be had with the commendams of fat parsonages and lesser benefices The Diocesan Bishop hath a greater taske then hee can commodiously expede or else because hee is a loytering Lord he must have a suffragane Bishop to exercise some pontifical parts of his office in some part of the Diocie and disburthen him that farre This Suffragane Bishop is to be chosen by the Prince out of the Leits of the two presented by the Diocesan Bishop according to the statute made 26. Henr. 8. cap. 14. Translating of Bishops erecting and changing of Bishops Sees union of Bishoprickes enlarging of Diocies were in time of Poperie Papall cases reserved for the Pope of Rome We say then that the Prince as supreme head and governour of the Church of England is supreme judge in matters of heresie simonie idolatry and all causes whatsoever hath all maner of spirituall jurisdiction united to the crowne may commit the exercise and execution of the same to others also so that they bee naturall borne subjects may conferre benefices and consequently give Pastors to flockes may choose Bishops without Dean and Chapter receive appellations abbrogate canons abolish infamie and restore the infamous to dignities grant dispensations in all causes where the Pope was wont to dispense give Bishoprickes and lesser benefices in commendams enlarge contract unite divide Diocies c. And this hee may whether he be a Christian or not so that he be righteous possessour of the Crowne for all the particulars above rehearsed are sayd to be due of right to the crowne so that true or false Christian or infidell male or female man or child have all alike right What is due to the Christian Magistrate is due indeed to him not because he is a Christian but because he is a Magistrate A Christian Prince doth understand better how to use his righteous power then the infidel but hee can claime no further authority then the infidell and his power is onely cumulative as I have sayd not privative Now whether the particulars above rehearsed belong to any Prince whatsoever be he true or false Christian or infidell I think him too simple that cannot judge CHAP. 2. Of the High Commission THE High Commission is called commission of jurisdiction in causes Ecclesiastical it is called the high commission by the favourers of it to strike a greater terrour in the hearts of subjects The commissioners are partly civil partly Ecclesiasticall persons as the Archbishops certaine other Bishops Deanes Archdeacons Chancellours some of the secret counsell and of the chief Iudges Courtiers Aldermen sometime the Lieutenant of the Tower the Post-master and others making up a great number But it is not requisite that all these whose names are set down in the kings letters patents should be present at every Session to make up a full judicature but power is given to any three of the number the Archbishop being alwayes one As with us are nominated and appoynted by the Kings letters patents to the number of fortie or fiftie persons Bishops Counsellors Noble men Barons Commissaries Ministers yet power is given to any five of them to make up the full judicature the Archbishops of Saintandros and Glasgow or any one of them being of the number of the five alwayes And as with us so there also graue Counsellours and Iudges and other of honorable respect may well be desired to be present when an incestuous person or some other maâ—efactor is brought before them that their countenance at one time or other may bring credit to their great authority But when a minister or any other godly professour is to bee troubled for nonconformity or writing against crossing and kneeling or having or spreading of bookes touching reformation of abuses and corruptions in the Church then are they not desired lest being present they should perceive the mysteries of their iniquitie by which they uphold their pompe and Lordly Domination If there be a courtier or new upstart that favoureth them or dare not controll them hee may well be advertised to be present The Archbishop hath power to associate unto himselfe any two nominated in the Kings letters parents whether they bee
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
commission In England if a man stand wilfully fourty daies together excommunicate and be accordingly certified by the Bishop into the Chancerie that then he is to be committed to prison by vertue of a Writ directed to the Shriefe as it is sayd in the Apologie of certaine proceedings in courts Ecclesiasticall And in a wrâ—â— de excommunicato capiendo it is sayd quod potestas regia sacrosanctae Ecclesiae in querelis suis deessâ— non debet The ordinarie lawfull courts Ecclesiasticall farre more then should be aided and assisted by the secular power and not molested or stopped The truth is that this high commission is erected to suppresse the libertie of the Kirk to maintain the usurped power and tyrannous domination of our perfidious Prelates over Synods generall Provinciall Presbyteries sessions to effectuate the intended conformity which they know they will never get done in Synods and Presbyteries unlesse the terrour of this high commission were standing above their heads And therfore when they urge conformity they haue their recourse to this weapon or in Synods and Presbyteries men are terrified with the feare of it This is their strong castell out of which they command and hold in slavery bondage the whole citie Here the Bonifacian Prelats stoutly draw the two swords fine consine suspend deprive imprison c. But the couragious souldier fighting the Lords battell will not bee borne downe with any such outrages and terrours Now as they receive appellations from inferiour courts no appellation can bee made from these three or our five suppose their injustice and tyranny cry never so loud I wonder if the heart of any faithfull Patriot let be conscientious professour can digest this These three Commissioners may appoynt inferiour Commissioners from whom also as subdelegates they may receive appellation I will add out of the record of the grievances of the house of Commons these considerations First out of the statute that the said act is found to be inconvenient and of dangerous extent in divers respects for that it inableth the making of such a commission as well to any one subiect borne as to more Item for that by the sayd Statute the King and his successors may howsoever your Maiestie hath beene pleased out of your gracious disposition otherwise to order make and direct such commission into all the Countries and Diocesses yea into every parish of England and therby all causes may be taken from ordinary jurisdiction of Bishops Chancellers and Arch-deacons and Lay-men solely be inabled to excommunicate and exercise all other spirituall censures For that limit touching causes subiect to this commission being onely with these words viz. such as perteine to spirituall or ecclesiasticall jurisdiction it is very hard to know what matters or offences are included in that number And the rather because it is unknown what ancient Canons or lawes spirituall are in force and what not from whence ariseth great uncertainty and occasion of contention Out of the commission grounded upon the statute That the commisson giveth authoritie to inforce men called into question to enter into recognisance not onely for appearance from time to time but also for performance of whatsoever shall be by the Commissioners ordered And also that it giveth power to enjoyn parties defendant or accused to pay such fees to ministers of the Court as by the Commissioners shall be thought fit As for the execution of the commission it is found grievous these wayes among other 1. For that lay men are by the commissioners punished for speaking otherwise then in iudiciall places and courtes of the simonie and other misdemeanours of spirituall men though the thing spoken be true and the speech tending to the inducing of some condigne punishment 2. In that these commissioners usually appoynt and allot to women discontented at and unwilling to live with their husbands such portions allowances for present maintenance as to them shall seem fit to the great encouragement of wives to be disobedient and contemptuous against their husbands 3 In that their pursevants or other ministers imployed in the apprehension of suspected offenders in any things spirituall and in the searching for any supposed scandalous bookes use to breake open mens houses closets and deskes rifling all corners and secretâ— custodies as in cases of high treason or suspition therof Their commission is grounded upon a statute and act of Parliament howbeit it agreeth not with the statute Wee have not so much as a shew of a statute for commission of jurisdiction in causes Ecclesiasticall and yet our usurping Prelates tyrannize over loyall subjects faithfull Patriots conscientious professours deserted by these who will be counted fathers of the Common wealth left open and naked to their violent rage without any protection of the law as if they were but the vile off scourings of the land Will not the estate in Parliament redresse this proud usurpation Shall the house of Commons in their Parliament bee grieved not onely at the exorbitant power of this high commission but also at the statute it selfe and shall our nobles and inferiour estates not be grieved at our usurped commission Or will they suffer the like statute and make the countrey mourn and groane for it the next day as our neighbours have done Can Princes or estates give power of spirituall censures either to lay or spiritual men Or may they lawfully put the temporall sword in the hand of Pastors Or may spirituall men as they call them accept it If neither can be done how can the estates erect ratifie or suffer such a commission What is this but the Spanish inquisition Set me up this throne Satan shall set up Papistry or any other religion whatsoever in short processe of time For they sit at the rudder and may turn religion as it pleaseth them and when they see fit occasions and themselves to have able power CHAP. 3. Of the dignitie and power of Archbishops in England THis proud name of Archbishop is not to be found in all the Scripture It was not attributed to any common Metropolitans at the first but to the renowâ—ed and mightie Giants the Patriarches of Constantinople Antioch Alexandria and Rome who were mounted farre above Metropolitanes when the time was neere that the Antichrist should be mounted on horsebacke But after that he was mounted then Metropolitanes that they might keepe some proportion with their head were lifted up to a degree of power above other Bishops invested into an office that the book of God the Apostolical Church never knew to consecrate Bishops to convocate Synods to receive appellations froÌ„ the courts of inferior Bishops to visit the Diocies of other Bishops within the Privince A Diocesan Bishop that is a Bishop over many flockes and Pastors of one Diocie was unknown to the Apostles far more a Bishop of Bishops a provincial Bishop an Archbishop having iurisdiction and power over the comprovinciall Bishops The Church being for the most part within
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
divine service make publick forewarning of these dayes as they are to fall in the weeke following and why are not politick judges appointed to grant such licences It is the old superstition then not new policie which is respected Doe none obtain licences but the diseased aged c. and obtain they licences without money The 101. canon of their last constitutions giveth power to the commissarie for faculties to grant licence for marriage without 3 proclamations preceeding onely to persons of good state and qualitie as if persons of mean estate or quality could not have as necessary a cause to seek relaxation of 3 proclamations But if ther be any quantitie of money in the purse the person is of sufficient qualitie By these licences children are sometime married without consent of their parents and sometime the heire is carried away and married without further notice Precontracts are deluded persons having interest which might take exception not being publickly warned a way given to clandestine mariagesâ— the congregation mocked when two of their members are ioyned in mariage they know not where nor when As for taking caution securitie to make good the conditions required of of them yet saith the defender of the last petion for reformation that licences have been abused as much as before and that the strength of the canon dependeth upon the bonds of the sureties which may be knights of the post and men of no worth In causes which concerne benefices as 1. to abolish irregularitie not wilfully contracted Irregularitie is an impediment of the Canon law which inableth a man to take on orders or to minister into them and consequently to bee admitted to benefices or to enjoy them All the Popish irregularities which are not expresselie taken away either by their late canons or statutes of the Realme stand still in force with them and they may observe them as they please To sit in judgement upon bloud was irregularitie of old yet these Bishops make no scruple of it or any other thing may serve to advance their greatnes That which was reckoned amongst irregularities but was in very deed a divine and not a Canonicall impediment brought in by man they made least account of to wit the irregularity of apostasie For they allowed Popish massemongers men for all seasons K. Henries Priests K. Edwards Priests Qu. Maries Priests to be preachers of the Gospell in the daies of Qu. Elizabeth as the authors of the admonition to the Parliament do testifie When they would cover their Apostasie with Peters fall Mr. Cartwright maketh this distinction Peter denied Christ cast down or in time of his humility they have denyed him risen from the dead ascended up into heaven sitting at the right hand of God in glory Peter did it to save his skin they to save their honour he for his life they for their living I speake favourably for otherwise I might say of some that they did it not onely to save that which they had 〈◊〉 to get more unto it Peter did it privatly and 〈◊〉 corner they in set and open iudgement he onely denied that he knew him or that hee was one of his Disciples but spake no evill of him they affirmed that they knew the Gospell to bee naught and so spake evill both of Christ and it hee did it suddenly and at a push they deliberatly and with time given to consult he although he forsooke his master Christ yet never served the Scribes and Pharisees which were the enemies of Christ they did not onely forsake Christ but served in the courts of his sworne enemie the Antichrist And againe they at one clap have renounced him with mouth and subscribed against him with their hand and where he forsware him once they have forsworn him oft according to the member of Dioceses where they have their livings and diversitie of times wherein such thingâ— have been required Peter was called immediatly by Christ himself and not by man and after his repentance comforted and confirmed in his Apostleship Christ was the Law-maker and might dispense with his owne law But the Levits which went astray after idols shall not come neere unto me to doe the office of a Priest unto me nor â—omâ— neere to any of my holy things in the most holy place but they shall beare their shame and their abominations which they have committed Ezek. 44. 13. Notwithstanding of their repentance they were not restored to the Priesthood again If they do unfainedly repent they may be received againe into the besome of the Church but because of the skar which remaineth after the deep wound of their fearfull Apostasie they ought not to be restored to their degree of office in the Church Men proving inconstant in the faith are not fit to bee made captaines in the Lords armies Bastardy is no true irregularity or just impediment to inable a man to receive orders If it were not too tedious to run over and apply all sorts of irregularities we should finde an huge number of irregulars by the Canon law amongst their Clergie men 2 To abolish likewise simoniacall suing for promotion to benefices or orders Their Simonie cannot bee expressed more vively nor contrived more succinctly then it is already by Mr. Brightman on the Revelation But specially their beggarlinesse in suing for livings is notorious For let us take a view and make a generall muster as it were of the whole Clergie and if you will let us begin it the basest underlings The Curats as they call them are both in very deed and in all mens account a company of beggarly followes In whom a man may see that verified which was threatned against the family of Esi men bowing themselves to the ground for a peece of silver or a morsell of bread and craving to bee put into one of the Priests offices that hee may have a snap at a crust of bread 1. Sam. 3. 36. Now for the rest those that by meanes of their more full purses walke more lustily such as wee call sturdy beggars what running up and down is there among them what bribing what importunat and impudent begging what flattering offers do they make of all their obeysance and dutifull complements that they may come by these Ecclesiasticall promotions You may see many of them that post up to the Court or to the house of the right honorable the Lord keeper of the great seale for these two places are like to the beautifull gate of Salomons temple Act. 3. 2 Men come in this way apace thich and threefold and they are in great hope to carry away some good reliefe Others there are that become followers of Noblemen and Pâ—eres of the land whose Chaplaines they become either houshold or retainers as I may call them that live under their protection for what end trow yee Even for this and no other that as soone as any benefite as they call it shall fall voyd they might enioy it by the Lords
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
de accusat c. 1. in glossa and is ordained to this speciall end that hee suplieth the Bishops jurisdiction and office in the out places of the Diocie or else in such parishes as be peculiars to the Bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there bee Archdeacons that have iurisdiction within their Archdeaconries as in most places they have there this commissarie is but superfluous and most commonly doth rather vexe and disturbe the countrey for his lucre then of conscience seeke to redresse the lives of offenders And therefore the Bishop taking praestation money of his Archdeacons yearly pro exteriori jurisdictione as it is ordinarily called doth by superonerating their circuit with a Commissarie not onely wrong the Archdeacon but the poorer sort of subiects much more as common practise daily teacheth to their great woe The Bishops Chauncellour and Commissarie and the Archdeacons official are all three termed officialls in the canon law the Chauncellour the principall officiall the Commissarie Officialis foraneus the third the Archdeacons officiall or by the generall name of officiall In the lawes and statutes of England the first is called Chancellour the second Commissarie the third by the generall name of Officiall The name of Chauncellour in this sense is not so ancient as that of Officiall sayth D. Field and that in a generall signification it is used for any one that is employed for the giving of answer to sutors for keeping of records and notes of remembrance and generally for the performance of some principall duties pertaining to him whose Chauncellour he is sayd to be The principall officiall that is the Chauncellour howbeit he be but onely a Deputie yet by fiction of the law when hee cognosceth any cause hee is interpreted to bee but one person with the Bishop and to make but one consistorie with him So that howbeit the Bishop be not present there yet it is his consistorie Such fictions of law have been made by cosening and deceitfull Prelates to deceive the world And therefore say the Canonists there lieth no appellation from the principall Officiall to the Bishop but to the Archbishop yet from the Commissarie who is Officialis foraneus there lieth appellation Regularly appellation also may be made from the Archdeacon and other inferiour Prelates to the Bishop sayth Canisius unlesse the custome of the countrey hath brought in another order The Archdeacon hath a certaine circuit of the Diocie wherein he exerciseth his office and iurisdiction For everie Diocie is divided into certain Archdeaconries comprehending about the fourth part of the Diocies if they be great Diocies But if they be lesser Diocies they haue but one Archdeacon as Canterburie Rochester Glocester Bristow Worcester c. The Archdeacon by vertue of his degree and order hath no jurisdiction but onely by prescription of time that is a papall custome which is yet retained in the English Church In Hieroms time at Rome the Deacons began to exalt themselves above Ministers against which usurpation evil custome of the Church of Rome he inveigheth with great vehemencie as a thing unsufferable that the ministers of tables and to widowes should be lifted up with pride aboue the minister of the word and sacraments and opponeth to the custome of the church of Rome the custome of all the churches in the world And yet the old corruption of that one church wherin ther institutions ye see if they were excellent hath spread over the whole church and grown to a great height So that the Archdeacons will not sayth Mr. Cartwright take the best Ministers of the church as their equalls They are called Archdeacons not of one particular Church but of a whole shire whereas Deacons were appoynted in several churches It is true that many of their Archdeacons are also ministers but yet they exercise their iurisdiction over a whole shire ministers and others within the bounds of their Archdeaconrie not as Ministers but as Archdeacons When the Bishop should have visited his Diocie and inquired into needfull reparations of the church and what other things were out of order hee sent his chiefe Deacons to visit for him At the first they were sent onely to visit and make report but not to sententiate in any mans cause sayth D. Field or to meddle with the correcting and reforming of any thing but afterwards in processe of time they were authorized to heare and determine the smaller matters and to reforme the lighter and lesser offences Hence in time it câ—me that Archdeacons much used by Bishops as most attendant on them in the visitation of their churches and reforming small disorders at length by prescription claimed the correction of greater things at having of long time put themselves into the exercise of such authoritie So the Archdeacons in the end became greater then the Deanes let bee common Ministers The lazie Bishop sent his Deacon to enquire into the life and conversation of the Clergie and Ministers which was not his office yet ye see from what a small beginning he is risen to so great a height It is dangerous to depart from the right paterne shewed upon the mount Againe to make a Preacher of the word a Deacon is to conioyne these two offices which the Apostles did separate Archdeacons then almost through all England by papall prescription have jurisdiction within their bounds and power to visite to inquire into offences to receive presentments to punish with ecclesiasticall censures to substitute officialls to supply their roomes in their Consistories whereby it hath happened that the subjects haue been molested for one and the selfe same fault by the Bishops Chauncelours and the Archdeacon or his officiall In a Canon lately made anno 1603 they haue transacted the matter so that they shall not medle with the presentments received at others visitations how the transaction is kept I cannot tell It is to be observed that Chauncelours and officials are Civilians Ministers doe sometime also beare these offices but utterly ignorant in these faculties For these Courts being confused Courts wherin matrimoniall testamentarie and other causes of temporal matters are handled not belonging to ecclesiasticall cognisance no wonder the Minister be ignorant in them But on the other part it were a shame if a Civilian should know better how to deale with an offender and to bring him to repentance Againe what a grosse absurditie and intolerable abuse is it in the Church of God that Chauncelours Commissaries officialls being Civilians should meddle with the censures of the Church The Bishop hath vendicate to himself the whole power of excommunication and then he transferreth this his power by a generall commission to another which he may not lawfully doe no not to a minister far lesse to a Doctor of the Civill lawe whom he appointeth to be his Chauncelour or the Archdeacon to him whom hee appoynteth to bee his Officiall They