our Order of Consecrating Bishops it is evident that Bishops are lookt upon as a distinct Order of themselves and not only as a different degree from the rest of the Presbyters as some would have it Next goes forth a Mandate from the Archbishop to the Archdeacon of his Province to instal the Bishop Elected confirmed and consecrated Then the said Bishop is introduced into the Kings presence to do his Homage for his Temporalties or Barony by kneeling down and putting his hands between the hands of the King sitting in a Chair of State and by taking of a solemn Oath to be true and faithful to His Majesty and that he holds his Temporalties of him Lastly the new Bishop compounds for the first Fruits of his Bishoprick that is agrees for his first years profits to be paid to the King within two years or more if the King please The Translation of a Bishop from one Bishoprick to another differs onely in this from the manner of making a Bishop that there is no Consâ—câ—ation The Translation of a Bishop to be Archbishop differs only in the Commission which is directed by His Majesty to four or more Bishops to confirm him Note that the difference between an Archbishop and a Bishop is that the Archbishop with other Bishops doth consecrate a Bishop as a Bishop with other Priests doth ordain a Priest The Archbishop visits the whole Province the Bishop only his Diocess The Archbishop can convocate a Provincial Synod the Bishop only a Diocesan Synod The Archbishop is Ordinary to and hath Canonical Authority over all the Bishops of his Province as the Bishop hath over all the Priests of his Diocess Several Bishops of England having Dioceses of a large extent it was provided by Stat. 26 Henry 8. that they should have a power to nominate some to the King to be with his approbation Suffragan or Subsidiary Bishops whereof see more in the first Part of the Present State of England Of these there are none at present in the Church of England but the next to the Bishops are now the Deans of Cathedral Churches Dean Chapter Antiently Bishops did not ordinarily transact matters of moment sine consilio Presbyterorum principalium who were then called Senatores Ecclesiae and Collegues of the Bishops represented in some sort by our Cathedrals whereof the Dean and some of the Prebends are upon the Bishops summons to assist him in Ordinations in Deprivations ab Officio Beneficio in condemnation of obstinate Hereticks in the greater Excommunications and in such like weighty affairs of the Church Upon the Kings Writ of Congè d' Eslire as before mentioned the Dean and Prebendaries are to elect the Bishop of that Diocess Cathedral and Collegiate Churches are as it were Seminaries or Seed-plots whereout from time to time may be chosen fit persons to govern the Church for having left the Country and living herein a Society together they learn experience they read men they by little and little put off the familiarity of the inferiour Countrey Clergy and thereby render themselves the more fit to be set over them in Government The Dean and Prebendaries during their required residence in their Cathedral or Collegiate Churches are to keep Hospitallity upon all Festivals to read Divinity in their turns which is now turned to Sermons or set speeches in the Pulpit at due time to administer the Lords Supper to frequent the Publick Divine Service to instruct the Country Clergy and direct them how and what to preach whereby they may best profit their Auditors In a word as they excel others in dignity and are therefore stiled Prelats so by their more eminent piety and charity they are to be examples and paterns to the inferiour Clergy In every Cathedral or Bishops See there is a Dean and divers Prebendaries or Canons whose number is uncertain Deans of the old Foundations founded before the suppression of Monasteris are brought to their Dignities much like Bishops the King first sending forth his Congè d' eslire to the Chapter they electing and the King granting his Royal assent the Bishop confirms him and gives his Mandate to install him Deans of the new Foundations upon suppression of Abbyes or Prinries transformed by Henry 8. in to Dean and Chapter are by a shorter course installed by virtue of the Kings Letters Patents without either Election or Confirmation Among the Canons or Prebendaries in the old Foundations some are Canonici actu having Prebendam sedile in Choro jus suffragii in Capitulo others are Canonici in herbis as they are called having right to the next Prebend that shall become void and having already a Stall in the Quire but no Vote in the Chapter A Prebend is properly the portion which every Prebendary of a Cathedral or Collegiate Church receiveth in the right of his place for his maintenance quasi pars vel portio prebenda Next in the Government of the English Church may be reckoned Archdeacons whereof there are 60 in all England Their Office is to visit two years in three and to enquire of Reparations and Moveables belonging to Churches to reform abuses in Ecclesiastical matters and to bring the more weighty affairs before the Bâ—shop of the Diocess and therefore he is called Alter Episcopi Oculus the other being the Dean as is mentioned in the first part of the Present State Moreover the Office of an Archdeacon is upon the Bishops Mandate to induct Clerks into their Benefices and thereby to give them possession of all the Profits beloging thereto Many Archdeacons have by Prescription their Courts and Officials as Bishops have whereof more hereafter After Archdeacons are the Archipresbyteri or Rural Deans so called perhaps at first for his oversight of some Ten Parish Priests their Office is now upon orders to convocate the Clergy to signifie to them sometimes by Letters the Bishops pleasure and to give induction for the Archdeacon living afar off Next are to be considered the Priests of every particular Parish who are commonly called the Rectors unless the predial Tythes are impropriated and then they are stiled Vicars quasi vice fungentes Rectorum Their Office is to take care of all their Parishioners Souls and like good Shepherds to handle every particular Sheep apart to Catechise the ignorant reduce the straying confirm the wavering convince the obstinate reprehend the wicked confute Schismaticks reconcile differences amongst Neighbours to exercise the power of binding and loosing of souls as occasion shall offer to read duly Divine Service to Administer the holy Sacraments to visit the Sick to Marry to Bury to render publick thanks after Child-bearing to keep a Register of all Marriages Christnings and Burials that shall happen within the Parish to read the Divine Sermons or Homilies appointed by Authority and if the Bishop think fit to read or speak by heart their own conceptions in the Pulpit Lastly Deacons whose Office is to take care of the Poor Baptise Read in
expedient to premise somewhat of the Ecclesiastical persons in England IN the Government of the Church of England among the Ecclesiastical persons governing in the Englih Church is First the King of England who is as the Lawyers say Personae sacra mixta cum sacerdote The King is the supreme Bishop of England and at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical for as he hath put upon him Corona Regni as an Embleme of his King-ship and power in Temporals so hath he Stola Sacerdotis commonly called Vestis Dalmatica as a Levitical Ephod to signify his Priesthood and power in Spirituals He is Supreme Governor in all Causes Ecclesiastical as well as Civil is Patron Paramount of all Ecelesiastical Benefices in England to whom the last Appeal in Ecclesiastical Affaires are made who alone hath power to nominate persons for all Bishopricks and chief Dignities as Deaneries and some Prebends in the Church c as more at large may be seen in the First part of the Present State of England Next to the King in the Church Government are the Bishops whereof two are called Primats Metropolitans or Archbishops that is chief Bishops the one of Canterbury the other of York each of which have besides their Peculiar Dioceses a Province consisting of several Dioceses and therein by Common Law a Prerogative of proving Wills and granting Administrations where the person dying had bona notabilia that is above 5 l. in Divers Dioceses or Jurisdictions Also by Grants of several Kings they have each one certain Priviledges Liberties and immunities in their own Estates Under these two Archbishops are 26 Bishopricks whereof 22 are reckoned in the Province of Canterbury and four in the Province of York So that there are besides the two Archbishops twenty four Bishops all which have the Title of Lords by reason of their Baronies annext to their Bishopricks and have precedence of all other Barons both in Parliament and other Assemblies amongst these precedes always the Bishop of London who by antient right is accounted Dean of the Episcopal Colledg of that Province and by vertue thereof is to signify the Pleasure of his Metropolitan to all the Bishops of the Province to execute his Mandates to disperse his Missives on all emergency of affaires to precide in Convocations or Provincial Synods during the necessary absence of the Metropolitan Next to London in Parliament precedes Durham and then Winchester all the rest of the Bishops take place according to the Seniority of their Consecrations The Function of an English Bishop consists in what he may act either by his Episcopal Order or by his Episcopal Jurisdiction By his Episcopal Order he may ordain Deacons and Priests he may Dedicate Churches and burying places may administer the Rite and Ceremony of Confirmation without whom none of these things may be done The Jurisdiction of a Bishop is either Ordinary or Delegated the Ordinary is what by the Law of the Land belongs to each Bishop in his own Diocess the Delegated is what the King is pleased to confer upon him not as a Bishop but as he is a Subject and a considerable Member of the Kingdom For all Clergymen are in England as antiently among Gods own People the Jews and amongst the Primitive Christians so soon as they were under Christian Emperors judged fit to enjoy divers temporal honours and employments as First to be in the Commission of the Peace for who so proper to make and keep Peace as they whose constant duty it is to preach Peace who so fit as they whose main business and study it is to reconcile those that are at variance and therefore since His Majesties happy Restauration as well as before divers grave discreet Divines have been made Justices of Peace and thereby not only the poor Clergy-men have been protected from the oppression of their causeless enemies but many differences have been composed without any Law-sute in a more Christian and less expensive way Secondly to be of His Majesties Privy Council where frequently Cases of Conscience may arise relating to State matters that will admit neither of delay nor publication and therefore after the pattern of that excellent Christian Emperor Constantine the Great our good Kings both before and since the Reformation have always admitted some spiritual persons to their Council Tables and Closet-debates Thirdly to be employed in publick Treaties and Negotiations of Peace and this both the Ancient and Modern practice will justify that none hath been more frequently and succesfully used in such Messages then the Ambassadors of Christ Fourthly to enjoy some of the great Offices of the Crown as to be Lord Chancellor Lord Treasurer c. And it hath been observed that in the late Kings Raign when the Bishop of London was Lord Treasurer that Office was executed with as much diligence faithfulness dexterity and content to the Subject as well as to the King as ever it had been by any of his late lay-Predecessors In the ordinary Jurisdicton of a Bishop as a Bishop may be considered either the Jurisdiction it self or what is instated in him by the Law of the Land for the better execution of that Jurisdiction The Jurisdiction it self is established partly by Statute Law as to Licence Physitians Surgeons and School-Masters to unite and consolidiate small Parishes to assist the Civil Magistrates in the execution of some Statutes concerning Ecclesiastical affairs to compel the payment of Tenths and Subsidies due from the Clergy to the King Partly by Common Law as upon the Kings Writ to certify the Judges touching legitimate and illegetimate Births and Marriages to require upon the Kings Writ the burning of an obstinate Heretick also to require the Kings Writ for imprisoning the Body of one that obstinately stands excommunicated 40 dayes And partly by Common and Ecclesiastical Law together as to cause Wills of the Deceased to be proved to grant Administration of Goods of such as dye intestate to give order for the gathering and preserving of perishable Goods where none is willing to administer to cause Account to be given of Administrations to collate Benefices to grant Institutions to Benefices upon the Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the use of the Successors to defend the Franchises and Liberties of the Church to visit their particular Diocesses once in three years and therein to inquire of the Manners Carriages Delinquencies c. of Ministers of Church-wardens of the rest of the Parishoners and amongst them especially of those that profess themselves Physitians Surgeons School-masters Midwives of Wardens of Hospitals how they perform their several Duties and trusts also of all others professing Christianity and offending either against Piety as by Blasphemy Idolatry Superstition Perjury Heresie Errors against the 39 Articles Schism Conventicles absence from Divine Service unlawful abstinence
from the Sacraments or else offending against Justice as the delaying of Legacies given to the poor or pious uses Dilapidations of Buildings or Goods belonging to the Church taking of Usury beyond the rate allowed by Statute Simony Perjury c. or by offending against Sobriety as Drunkenness Incest Adultery Fornication filthy Speech tempting of any ones Chastity Clandestine Marriages as for want of thrice publishing the Banes the want of Parents consent the want of witnesses which must be above two or marrying in a private place in an undue time before Eight in the morning and after Twelve of the Clock in the day c. Now for the better executing of this Jurisdiction the Law of England hath furnished the Bishops with a power of Ecclesiastical Censures whereof some may be inflicted both upon Lay-men and Church-men as Suspension from entring into the Church or else from receiving the Sacrament or greater Excommunications c. Others may be inflicted only upon Ecclesiastical Persons as Sequestration of their Ecclesiastical Profits Suspension sometimes ab Officio sometimes à Beneficio Deprivation and Deposition which is sometimes verbal by sentence pronounced against them and sometimes real by Degradation Here note that of all these Censures Excommunication is never inflicted but only for Contumacy as when a person being duly summoned will not appear or appearing will not obey the Orders of the Bishop The solemn manner of making a Bishop in England is as followeth When any Bishops See becomes vacant the Dean and Chapter of that Cathedral giving notice thereof to the King who is Patron of all the Bishopricks in England and humbly requesting that His Majesty will give leave for them to chose another the King hereupon grants to the Dean his Congè d' Eslire which in French wherein it was antiently penned signifies leave to elect then the Dean summons a Chapter or assembly of the Prebendaries who either elect the person recommended by His Majesties Letters or shew cause to the contrary Next the Election is certified to the party Elected who doth modestly refuse it the first and second time and if he refuse it a third time then that being certifyed to His Majesty another is recommended when the Election is accepted by the party it is certifyed to the King and the Archbishop of that Province whereupon the King gives his Royal Assent under the Great Seal of England which is exhibited to the Archbishop of the Province with command to confirm and consecrate him hereto the Archbishop subscribes Fiat Confirmatio and gives Commission under his Archiepiscopal Seal to his Vicar-General to perform all the Acts required for perfecting his Confirmation The Vicar-General then in the name of the Archbishop sends forth a Citation summoning all Opposers of the said Election or Person Elected to appear at a certain time and place especially assigned to make their objections This is done by an Officer of the Arches usually at Bow Church in Cheapsid London by Proclamation three times and then affixing the said Citation on the Church door for all people to read the said Officer returns an Authentick Certificate thereof to the Archbishop and Vicar-General At the day and place assigned for the appearance of the Opposers the Vicar General sits then the Proctor for the said Dean and Chapter exhibits the Royal assent and the Commission of the Archbishop which read and accepted by the Vicar-General the Proctor exhibits the Proxy from the Dean and Chapter and then presents the Elected Bishop and returns the Citation and desires the Opposers to be publickly called three times which being done accordingly he accuseth their contumacy and for penalty thereof desires that the business may proceed which the Vicar-General in a Schedule by him read and subscribed doth order Next the Proctor giving a summary Petition wherein is deduced the whole Process of Election and Consent desires a time to be assigned to prove it which the Vicar-General admits and decrees After which the Proctor exhibits the Royal Assent with the Elected Bishops Assent and the Certificate to the Archbishop and desires a term presently to be assigned to hear final sentence which the Vicar-General decrees Then the Proctor desires that all Opposers should be again called which being thrice publickly done and none appearing nor opposing they are pronounced contumacious and a Decree made to proceed to Sentence by a Schedule read and subscribed by the said Vicar-General Then the Elect person takes the path of Supremacy Simony and Canonical Obedience Next the Judge of the Arches reads and subscribes the Sentence after which usually there is an entertainment made for the Officers and others there present which being once done at the Sign of the Nags Head in Cheapside near the said Bow Church gave occasion to our adversaries of the Romish Church to affirm that Fable that there our first Bishops after the Reformation were consecrated When a Bishop is Elected and the Election confirmed he may give Institution and do his ordinary Jurisdiction and may sit in Parliament as a Lord thereof according to Sir Ed. Coke 4. Institut p. 47. After the Confirmation then according to the Kings Mandate is the solemn Consecration of the Elected Bishop which is done by the Archbishop with the assistance of two other Bishops in manner following Upon some Sunday or Holy-day after Morning Service the Archbishop beginneth the Communion Service after a certain Prayer appointed for this occasion one of the Bishops there present readeth the Epistle 1 Tim. 3. another readeth the Gospel John 21. then after the Nicene Creed and some Sermon the Elected Bishop vested with his Rochet or Linnen Garment is by two Bishops presented to the Archbishop or some other Bishop commissioned by him sitting in his Chair who demands the Kings Mandate for the Consecration and causes it to be read then the Elect Bishop takes the Oath of Supremacy and of Canonical Obedience to the Archbishop and after divers prayers and several Interrogatories put to the Bishop and his Answers the rest of the Episcopal Habit is put upon him and after more prayers the Elect Bishop kneeleth down and the Archbishop and Bishops there present lay their hands on his head and by a certain pious grave form of words they consecrate him Afterward the Archbishop doth deliver to the Bishop Elect a Bible with an other set form of words and so all proceed to the Communion Service and having received the Sacrament and the Blessing they retire from Church to dinner which is at the charge of the Bishop Elect and is usually very splendid and magnificent the greatest the Nobility Clergy Judges Privy-Counsellors c. honouring it with their presence the expence hereof with Fees of Consecration commonly amounting to Six or Seven hundred pounds This form and manner of consecrating Bishops is accordingly to the rule laid down in the Fourth Council of Carthage about the year 470 generally received in all the Provinces of the Western Church Note that by
the Church assist the Priest at the Lords Supper by giving the Cup only After this brief account of Ecclesiastical persons somewhat may here not unfitly be added touching those persons who though not in holy Orders yet have a peculiar Relation to the Church and are quasi semi Ecclesiastici as first Patrons of Churches who by first building of Churches or first endowing them with Lands have obtained for them and their Heirs a right of Advowson or Patronage whose office and duty is to present a fit Clerk when the Church is void to the Bishop to be by him Canonically instituted and to protect the said Church as far as he can from all wrong and in case his Clerk prove unfit for the place to give notice thereof to the Bishop Next are the Oeconomi vel Ecclesiae Guardiani the Church wardens whose Office is to see that the Church be in good repair fitly adorned and nothing wanting for Divine Service Sacrament and Sermons that the Church yard be sufficiently mounded or inclosed that there be an exact Terrier of the Glebe Lands and if any thing belonging to the Church be detained to sue for the same to observe that all Parishoners come duly to Divine Service to require the penalty for absence to enquire after to admonish and to present to the Bishop scandalous livers to collect the Charity of the Parishoners for poor Strangers to declare and to execute the orders of the Bishop to see that none presume to vent his own conceptions in the Pulpit unless he hath a special licence so to do The Churchwardens are elected every Easter Week usually by the Parson and Parishoners if they so agree if not then one by the Parson and the other by the Parishioners There are also in greater Parishes joyned with the Church wardens Testes Synodales anciently called Synods-men now corruptly called Sides-men who are to assist the Church-wardens in enquiries into the lives of inordinate livers and in presenting men at Visitations Lastly the Sacristan corruptly the Sexton or Clark who is ordinarily to be chosen by the Parson only he ought to be twenty years old or above of good life that can read write and sing his office is to serve at Church the Priest and Church-wardens In the Church of England there are as in the antient primitive times three Orders Bishops Priests and Deacons None may be admitted Deacon before the age of 23 years unless he hath a Dispensation to be admitted younger None may be made a Priest till he be completely 24 years old None may be admitted Bishop till full 30 years old The Ordination of Priests and Deacons is four times the year upon four several Sundayes in the Ember or Failing Weeks that so all the Nation may at once in their joynt Prayers to God recommend them that are to receive Ordination which is performed by a Bishop in a solemn grave devout manner thus for Deacons After Morning Prayer there is a Sermon declaring the Duty and Office of Deacons and Priests then they being decently habited are presented to the Bishop by the Archdeacon or his Deputy whom the Bishop askes if he hath made due inquiry of them and then askes the people if they know any notable impediment or crime in any one of them after follow certain godly Prayers then a Collect Epistle and Gospel but before the Gospel the Oath of Supremacy is administred to every one of them and the Bishop putteth divers godly questions to them which being answered they all kneel and he laying his hands upon them severally doth ordain them Deacons then delivers to every one of them the New Testament and gives them authority to read the same in the Church then one of them appointed by the Bishop reads the Gospel and then all with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is partly in the same manner only the Epistle and Gospel are different and after the questions and answers made the Bishop puts up a particular prayer for them and that ended he desires the Congregation to recommend them to God secretly in their prayers for doing of which there is a competent time of general silence then follows Vent Creator Spiritus in Meter to be sung then after another prayer they all kneeling the Bishop with the Priests present layeth his hands upon the head of every one severally and gives them Ordination in a grave set form of words different both from that of Bishops and that of Deacons the rest as in the ordaining of Deacons Of the Ecclesiastical Government of England and first of the Convocation FOr the Church legislative power or the making of Ecclesiastical Laws and consulting of the more weighty affairs of the Church the King by the advise of his Privy Council usually convokes a National Synod commonly called the Convocation which is summoned in manner following The King directeth his Writ to the Archbishops of each Province for summoning all Bishops Deans Arch-deacons Cathedrals and Collegiate Churches according to their best discretion and judgment assigning them the time and place in the said Writ whereupon the Archbishop of Canterbury directs his Letters to the Bishop of London as his Dean Provincial first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Archdeacons Cathedral and Collegiate Churches and all the Clergy of his Province to that place and at the day prefixt in the Writ but directeth withal that one Proctor sent for each Cathedral and Collegiate Churche and two for the body of the inferiour Clergy of each Diocess may suffice The Bishop of London accordingly directs his letters to the Bishops of every Diocess of the Province citing them in like manner to appear and to admonish the Deans and Archdeacons to appear personally and the Cathedrals Collegiate Churches and inferiour Clergy of the Diocess to send their Proctors to the place and at the day appointed also to certifie to the Archbishop the names of all so summoned by them The place where the Convocation of Clergy in the Province of Canterbury hath usually been held was St. Pauls Church in London but of later times at St. Peters in Westminster in the Chappel of Henry the Seventh where there is as in Parliament a Higher and a Lower House or a House of Lords Spiritual and a House of Commons Spiritual The Higher House of Convocation in the Province of Canterbury consists of 22 Bishops whereof the Archbishop is President sittting in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes The Lower House consists of all the Deans Archdeacons one Proctor for every Chapter and two Proctors for all the Clergy of each Diocess in all 166 persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan-Clergy The first day both houses being assembled the Higher chooseth
a Bishop for their Prolocutor and the Lower being required by the Highe House to choose them a Prolocutor or Speaker which done they present him to the Upper House by two of their Members whereof one makes a Speech in Latin and then the Elect person makes another Speech in Latin Lastly the Archbishop answers in Latin and in the name of all the Lords approves of the person Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth In the Upper House things are first proposed and then communicated to the Lower House The Major vote in each House prevailes Out of Parliament time they usually assemble every day about Nine of the clock and first the Junior Bishop sayes prayers in Latin beginning with the Letany and then for the King c. And in the Lower House the Prolocutor says prayers In Convocation are debated only matters concerning Religion and the Church and sometime of giving His Majesty assistance in Money for as the Laity cannot be taxed without their own consent signified by their Representative in Parliament so the Clergy cannot be taxed without their consent signified by their Representative in Convocation The Clergy in Convocation might antiently without asking the Royal Assent and now may with the Royal Assent make Canons touching matters of Religion to bind not only themselves but all the Laity with-out consent or ratification of the Lords and Commons in Parliament Till the late Rebellion the Parliament did not at all meddle in the making Canons or in matters Doctrinal or in Translation of Scriptures only by their civil Sanctions when they were thereto required did confirm the Results and Consultations of the Clergy that so the people might be the more easily induced to obey the Ordinances of their Spiritual Governors The Clergy of England had antiently their Representatives in the Lower House of Parliament as appears by that antient Record so highly prized by the late Lord Coke and as the Upper House had and still hath Lords Spiritual as well as Temporal so in the Lower House there were always Commons Spiritual as well as Temporal for that Record saith expresly that the Commons in Parliament consist of three degrees or kinds First ex Procuratoribus Cleri Secondly ex Militibus Comitatuum Thirdly ex Burgensibus and the words of the Writ directed now to the Procuratores Cleri seem to give them the very same right to sit in that House as the words of the Writ to the Knights Citizens and Burgesses do give to them All the Members of both Houses of Convocation have the same priviledges for themselves and menial Servants as the Members of Parliament have and that by Statute The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner and by constant correspondence doth debate and conclude of the same matters as are debated and concluded by the Provincial Synod of Canterbury Now for the Executive power in Church matters throughout the Kingdom of England there have been provided divers excellent Courts whereof the highest for criminal Causes was the High Commission Court for the jurisdiction whereof it was enacted primo Elizabethae that Her Majesty and Successors should have power by Letters Patents under the Great Seal to nominate Commissioners to exercise jurisdiction throughout the whole Realm to visit reform and correct all Errors Heresies Schisms Abuses and Delinquencies that may by any Ecclesiastical power be corrected or reformed This Court consisted of the highest persons of England in the Church and State and was the principal Bulwark and Preservative of the Church of England against the practices and assaults of all her Adversaries whether Romanist Puritan or Atheist yet for some pretended abuses the use thereof was taken away in the late seditious long Parliament whereupon followed a deluge of Errors in Religion Apostacy Atheism Blasphemy Sacriledge Incest Adultery impious Libels Schisms Conventicles c. all which so overwhelmed the manners of English men and occasioned at length so many profest Atheists that until the re-establishment of this or the like Court there cannot a Reformation be reasonably hoped for For civil affairs that concern the Church the highest Court is the Court of Delegates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England in case of defect of justice in the Courts of the Archbishop of Canterbury to appeal to the Kings Majesty in his Court of Chancery and that upon such appeal a Commission under the Great Seal shall be directed to certain persons particularly designed for that business so that from the highest Court of the Archbishop of Canterbury there lies an Appeal to this Court of Delegates and beyond this to none other Next to the Court of Delegates are the Courts of the Archbishop of Canterbury where any Ecclesiastical Sutes between any persons may waving all inferior Courts be decided amongst them the highest Court is the Court of Arches so called from the Arched Church and Tower of S. Maries in Cheapside London where this Court is wont to be held the Judge whereof is called Dean of the Arches having jurisdiction over a Deanery consisting of 13 Parishes within London exempt from the jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury To this Court belongs divers Advocates all Doctors of the Civil Law two Registers and ten Proctors the Dean at present is Doctor Sweat In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace and medleth not with any difference between parties but concerning Elections and consecration of Bishops Admission and Institution to Benefices dipensing with Banes of Matrimony c. The next Court is called the Prerogative Court which judgeth of Estates fallen by Will or by Intestates so called because the Archbishops jure Praerogativae suae hath this power throughout his whole Province where the party at the time of death had 5 l. or above in several Dioceses and these two Courts hath also the Archbishop of York Lastly the Court of Peculiars which dealeth in certain Parishes lying in several Dioceses which Parishes are exempt from the jurisdiction of the Bishops of those Dioceses and are peculiarly belonging to the Archbishop of Canterbury in whose Province there are 57 such Peculiars Besides these Courts serving for the whole Province every Bishop hath his Court held in the Cathedral of his Diocess over which he hath a Chancellor tearmed antiently Ecclesiecdicus Episcopi Ecdicus the Church Lawyer or the Bishops Lawyer who being skill'd in the Civil and Canon Law sits there as Judge and if his Diocess be large he hath in some more remote place a Commissary whose authority is only in some certain place of the Diocess and some certain Causes limited to him by the Bishop in his Commission and these are called Consistory Courts
Moreover every Archdeacon hath his Court and Jurisdiction where smaller differences arising within his limits are pleaded Also the Dean and Chapter hath a Court and take cognizance of Causes happening in places belonging to the Cathedral Lastly there are certain peculiar Jurisdictions belonging to some certain Parishes the Inhabitants whereof are exempt sometimes from the Archdeacons Jurisdiction and sometimes from the Bishops Jurisdiction Causes belonging to Ecclesiastical Courts are Blasphemy Apostasie from Christianity Heresies Schisms Ordinations Institutions of Clerks to Benefices Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Probate of Wills Administrations Simony Incests Fornications Adulteries Solicitations of Chastity Pensions Procurations Commutation of Pennance c. the cognizance whereof belongs not to the Common Law of England The Laws and Constitutions whereby the Ecclesiastical Government doth stand and the Church of England is governed are first general Canons made by general Councels also the Arbitria sanctorum Patrum the opinion of Fathers the grave Decrees of several Holy Bishops of Rome which the Kings of England from time to time have admitted Next our own Constitutions made antiently in several Provincial Synods either by the Legats Otho and Othobon sent from Rome or by several Archbishops of Canterbury all which are by 25 H. 8. of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Then the Canons made in Convocations of later times as primo Jacobi and confirmed by his Royal Authority Also some Statutes enacted by Parliament touching Ecclesiastical affairs And lastly divers Customs not written but yet in use beyond the memory of man and where these fail the Civil Law takes place The manner of Tryals by these Laws and Customs are different from the Tryals at Common Law and are briefly thus First goes forth a Citation then Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued pro and con and the Canon and Civil Laws quoted then without any Jury the definitive sentence of the Judge passseth and upon that Execution And this is the manner of trying Ecclesiastical Civil Causes but Ecclesiastical criminal Causes are tryed by way of Accusation Denunciation or Inquisition The first when some one takes upon him to prove the crime the second when the Churchwardens present and are nor bound to prove because it is presumed they do it without any malice and that the crime is notorious Lastly by Inquisition when by reason of common fame inquiry is made by the Bishop ex officio suo by calling some of the neighborhood to their Oaths or the party accused to his Oath ex officio so called because the Ecclesiastical Judge doth it ex officio suo which is very antient and was usual among the Jews so Joshua to Acan Fili mi tribue gloriam c. So God himself to Adam upon his first transgression and likewise afterward to Sodom but by the prevailing faction in the long Parliament this power was extorted from the Church the want whereof is one main cause of the great libertinisme and debauchery of the Nation Now the punishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws proceed in this manner First the party delinquent is admonish'd next goes forth minor Excommunicatio whereby he is excommunicated or excluded from the Church or if not from the Church yet from the Communion of the Lords Supper is disenabled to be Plaintiff in a Law Sute c. And this commonly for stubborness shewed by not appearing in the Ecclesiastical Court upon summons or not obeying the Orders of the Court which though in smallest matters yet may be a very great crime for Res praecepta quo facilior est observatu eo praecepti violatio est gravior cum fit magis spontanea as S. Austin observes of the first sin of Adam Any command by how much the easier it may be observed by so much the more grievous is the breach thereof because it is the more voluntary besides in contempts it is not so much the violation of the Law as of the Authority which ought to be resented And herein the Church of England proceedeth no otherwise than the State of England for so odious in the eye of the common Law of Enland is the contempt thereof that not only for Felonies but even in an Action of the case in an Action of a small Debt Account or Detinue if a man will not appear and submit himself to a Tryal at Law a Process of Outlawry is grounded against him and he being once Outlawed he is out of the protection of the Law Caput gerit lupinum saith Bracton an Outlaw'd was antiently lookt upon as a Wolf lawfully to be killed by any man that should meet him as most just that he who contemned the Law and therein the King should not have benefit by the Law nor protection from the King and at this day he is to loose all his Goods and Chattels The Reader will easily pardon this digression when he considers the general cry against Excommunications at this day This power of lesser Excommunication the Bishop may delegate to any grave Priest with the Chancellour Excommunicato major is not only an exclusion from the company of Christians in Spiritual Duties but also in Temporal affairs and this commonly for Heresie Schism Perjury Incest and such grievous crimes and that it may be done with the more solemnity and terror it is to be pronounced by the Bishop himself in his proper person and being so Excommunicated a man cannot in any Civil or Ecclesiastical Court be Plaintiff or Witness And in case any man be so stubborn as to continue 40 days excommunicated the Kings Writ de excommunicato capiendo is granted forth of the Chancery against him whereupon he is cast into prison without Bail there to lie till he hath satisfied for his offence Next there is Anathematismus to be inflicted only upon an obstinate Heretick whereby he is declared a publick Enemy of God and rejected and cursed and delivered over to eternal damnation and this to be done by the Bishop also in his own person assisted by the Dean and Chapter or twelve other grave Priests Lastly there is Interdictum whereby is prohibited all Divine Offices as Christian an Burial Administration of Sacraments c. in such a Place or to such a People and if this be against a People it follows them wheresoever they go but if against a Place only then the People of that Place may go to Divine Offices elsewhere Besides these general censures of the Church which respect Church Communion there is another which toucheth the body of the Delinquent called Publick Penance when any one is compelled to confess in publick his fault and to bewail it before the whole Congregation in the Church which is done in this manner the
only of Beer and Ale for the City of London though it be a very moderate Imposition is farmed or rented of the King at above one hundred and twenty thousand pounds a year and about one fourth part of all that Excise throughout England Churches Parish Churches besides Chappels there were in all 130. that is double the Number of Churches parochial to be found in any City of Christendom the Mother Church whereof is dedicated to the memory of Saint Paul the only Cathedral of that Name in Europe and founded by Sebert a Saxon King about the year 610. in a place where had stood a Temple dedicated to Diana and afterward enlarged by Erkenwald the 4 th Saxon Bishop thereof and that old Fabrick being almost destroyed by Fire Mauritius another Bishop of London in One thousand eighty three began and finished a great part of the present magnificent Pile in the space of 20 years but the Quire and Tower were not finished till 1221 and then it was dedicated in a most solemn manner as was the Temple of Solomon the King the Bishops and a vast number from all Parts of the Nation assisting thereat It is seated on the highest part of all the City and was more conspicuous perhaps then any Cathedral Church in the World it was a structure for length height and antiquity surpassing all other Churches the length thereof was 690 Foot therein excelling by 20 foot St. Peters in Rome which for beauty proportion and divers other things excels all other Temples it was in height 102 foot and in breadth 130. The Church was built as other Cathedrals in a perfect Cross and in the midst of the Cross upon mighty high Arches was a Tower of Stone 260 foot high and on that a spire of Timber covered with Lead in height 260 foot more in all from the ground 520 foot above which was a â—ole of Copper Gilt of 9 foot in compass whereon stood the Cross 15 foot and a half high and almost 6 foot a cross made of oak covered with Lead and another cover of Copper over the Lead above all stood the Eagle or Cock of Copper Gilt four foot long and the breadth over the Wings 3 foot and a half In the year 1561. a part of this magnificent Pile was much wasted and the rest endangered by a fire begun in that stately Timber Spire by the negligence of a Plummer who left his Pan of Fire there whilest he went to Dinner as he confest of later years on his Death Bed But by the great Bounty and Piety of Queen Elizabeth of the Citizens of London and of all the Clergy of the Province of Canterbury it was again repaired in the space of Five years After which the Stone work decaying apace by reason of the corroding quality of the abundance of Sea-coal smoak the Learned and Pious Doctor Laud coming to be Bishop of London and after of Canterbury was so zealous and vigorous for upholding this most Ancient Church and Stately Monument of England and glory of the City of London that by the Kings favor and liberal contribution of Godly People maugre all opposition of the Puritans the work was so eagerly pursued that before the year 1640. the whole Body was finished with Portland Stone excellent against all smoak and weather and the Tower scaffolded up to the top with a purpose to take it all down and to rebuild it more fair and of a greater height with a stately Pinnacle at each corner because the Arches were not thought strong enough to support another Steeple and to place in that Tower the biggest and most tunable Bells in the World For performance whereof and for adorning the Church there was in the Chamber of London above One hundred and seventy thousand pounds all taken out soon after and employed in an Unnatural War by a stiff necked People against the best of Kings in which one single act a great part of the Citizens of London and of the Long Parliament became deeply guilty of a horrid Rebellion and detestable Sacriledge After the Murder or rather Martyrdom of the forementioned Archbishop the Skaffolds were taken away and sold with some of the Lead which covered this famous Structure and this House of God made a Stable for Horses by the Disloyal Army and almost all suffered to decay till the Restauration of the King who having a pious intent to set upon the repair thereof again it was all ruined by the late dreadful Conflagration in 1666. Which yet hath not so discouraged our gracious King and the rest of our Church Governors but that in a short time they intend to begin again the repair of the Mother Church of the Mother City of this Kingdom to the glory of God and high honor of this City and Nation for the speedy promoting whereof both King and Parliament City and Countrey Clergy and Laity high and low seem to stand engaged to lend their aid and assistance Of the forementioned Fire that was able to destroy such a vast solid Structure as the Cathedral of S. Paul a brief account may here be acceptable especially to Foreigners who have had imperfect relations thereof THe City of LONDON within the Walls was seated upon near Four hundred and sixty Acres of Ground whereon was built about Fifteen thousand Houses besides Churches Chappels Halls Colledges Schools and other Publick Buildings whereof about Four parts of five were utterly devoured in the late dismal Conflagration and about One part of five of the whole City and Suburbs counting therein Westminster and Southwark There were then destroyed Eighty seven Parochial Churches Six Consecrated Chappels all the Principal Publick Edifices as the forenamed Cathedral of S. Paul the great Guild-Hall wherein are held Nine several Courts belonging to the City the Royal Exchange the Custome-House most Halls of Companies c. whereof the whole damage is almost incredible In that one commodity of Books onely wherewith London abounded was lost as Judicious Stationers have computed One hundred and fifty thousand pounds for the loss fell most upon that and Three or four other cumbersome commodities not easie on a sudden to be removed viz. Wines Tobacco Sugars and Plumbs wherewith this City was furnished beyond any City in the World Yet in this vast Incendy not above Six or eight persons were burnt Of this dreadful Fire there were many concurrent occasions First The Drunkenness or Supine negligence of the Baker in whose House it began or of his Men. Next The dead time of the night wherein it began viz. between One and two of the Clock after Midnight when some were wearied with working others filled with drink all in a dead sleep Thirdly The dead time of the week being Saturday night when Traders were retired to their Countrey Houses and none but Children or Young Servants left behind Fourthly The dead time of all the year being then the long Vacation on the Second of September when Tradesmen were generally abroad
now corruptly the Charter house it being heretofore a Covent of Carthusian Monks called in French des Chartreux This Colledge called also Suttons Hospital consists of a Master or Governor at present Sir Ralph Sidenham a Chaplain Doctor Thriscross a Master and Usher to instruct 44 Scholars besides fourscore decayed Gentlemen Souldiers and Merchants who have all a plentiful maintenance of Dyet Lodging Clothes and Physick c. and live altogether in a Collegiate manner with much cleanliness and neatness and the four and fourty Scholars have not onely all necessaries whilst they are here taught but if they become fit for the Universities there is allowed unto each one out of the yearly Revenues of this Colledge 20 l. yearly and duly paid for 8 years after they come to the University and to others fitter for Trades there is allowed a considerable Sum of money to bind them Apprentices There are moreover all sorts of officers expedient for such a Society as Physitian Apothecary Steward Cooks Butlers c. who have all competent Salaries This vast Revenue and Princely Foundation was the sole Gift of an ordinary Gentleman Mr. Thomas Sutton born in Lincoln-shire and 't was of such high Account as it was thought fit that by the Kings Letters Patents under the Great Seal divers persons of the highest Dignity and Quality in Church and State should alwayes be the Overseers and Regulators of this Society as the Archbishop of Canterbury the Lord Keeper Lord Treasurer and 13 others Besides there are in London divers endowed Schools which in France would be stiled Colledges as Paul's School foundded 1512. by John Collet Doctor of Divinity and Dean of Pauls for 153 Children to be taught there gratis for which purpose he appointed a Master a Sub-master or Usher and a Chaplain with large stipends for ever committing the oversight thereof to the Masters Wardens and Assistants of the Mercers in London for his father Henry Collet sometime Lord Mayor of London was of the Mercers Company This famous School was also lately burnt down and now is reedified in a far more magnificent commodious and beautiful manner the worthy Master thereof is Mr. Samuel Crumholm alias Cromlum There are in London divers other endowed Schools as Merchant-Taylors Mercers-Chappel c. a particular Account whereof the designed Brevity of this Treatise will not admit It would also make this Book too much swell to give an Account of the many richly endowed Hospitals Almes-houses Work-houses or Houses of Correction the many stately built Taverns Inns and Coffee Houses some whereof surpass all others in foreign parts and are worthy to be viewed by curious Travellers who may also find it worthy their pains to remarque the several spatious well-built Theaters which for variety of Scenes excellent Actors Language Designs Musick c. are hardly to be equalled Moreover they may observe the many well furnisht Markets the weekly Horse-fairs the great commodiousness of Hackney-Coaches of Sedans of Boats c. belonging to this famous City also to consider the City of Westminster and the Burrough of Southwark both which now seem to be swallowed up in London Within the Precincts of Westminster are many Magnalia several things are as remarkable as any aforementioned the antient stately Abby Church founded before the Norman Conquest by the Pious King Edward the Confessor and most richly endowed afterwards rebuilt from the ground by Henry the III. with that rare Architecture now seen wherein are the most magnificent Tombs and Monuments of our Kings and Queens and greatest Nobles of England To the East end of which is added a Chappel of King Henry the VII which for the most admirable artificial work without and within for a Monument of massy Brass most curiously wrought is scarce to be paralleld in the World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the East Saxon King that first built St. Pauls aforementioned built here a Church to St. Peter Queen Elizabeth converted this Abbey into a Collegiate Church and therein placed a Dean 12 Secular Canons or Prebendaries Petty Canons and others of the Quire to the number of 30 ten Officers belonging to the Church as many servants belonging to the Collegiate Dyet two Schoolmasters 40 Scholars 12 Almes-men with plentiful maintenance for all besides Stewards Receivers Registers Collectors and other Officers the principal whereof is the high Steward of Westminster who is usually one of the prime Nobility and is at present the Lord Chamberlain The Dean is entrusted with the custody of the Regalia at the Coronation honored with a place of necessary service at all Coronations and a Commission of Peace within the City and Liberties of Westminster the Dean and Chapter invested with all manner of Jurisdiction both Ecclesiastical and Civil not onely within the City and Liberties of Westminster but within the Precincts of St. Martin le grand within the Walls of London and in some Towns of Essex exempted in the one from the Jurisdiction of the Bishop of London and in the other from that of the Archbishop of Canterbury For Ecclesiastical Causes and probate of Wills it hath a Royal Jurisdiction Dr. Richard Lloyd is Commissary from whom Appeal must be onely to the King in his High Court of Chancery who thereupon issueth out a Commission of Delegates under the Great Seal of England When the Convocation is adjourned from St. Pauls for the conveniency of being nearer to the Parliament to Westminster the Bishops first declare upon a Protestation made by the Dean there that they intend not thereby to violate that high Priviledge viz. That no Bishop or Archbishop may come there without leave of the Dean first obtained There is also a fair Publick Library free for all strangers to study both morning and afternoon alwayes in Term time Next this Church stood the Royal Palace and usual place of Residence for the Kings of England who ordinarily held their Parliaments and all their Courts of Judicature in their dwelling Houses as is done at this day at Madrid by the King of Spain and many times sate themselves in the said Courts of Judicature as they do still in their Court of Parliament A great part of this huge Palace was in the time of Henry the VIII destroyed by fire what remained hath still been employed for the use of the Lords and Commons assembled in Parliament and for the chief Courts of Judicature The great Hall where these are kept some say was built by King William Rufus others by King Richard the II. about 300 years agoe and for all dimensions is not to be equalled by any Hall in Christendom Moreover Strangers and Foreigners may take notice of the extraordinary commodiousness conveniency and situation of the present Royal Palace and usual place of Residence called Whitehall belonging heretofore to Cardinal Woolsey seated between a noble navigable River and a most delectable Park of the great Chamber there called the Banquetting-House