Chauncellour are even faine to laugh it out many times when they can keep their countenance no longer Suppose our high commission were never so odious yet the Bishops shall bee sure of such servile varlets Commissaries Officialls and Chauncellours to sit with them for why they shall be their own creatures It is no wonder they be bribers for the Bishops and Archdeacons set in farme their jurisdiction to them Some Chauncellours and officialls pay 20. some 30. some 50. pounds yearly for their place Registers some an hundred some two hundred pounds some more How then is it possible but they should extort in their office and by unreasonable and untollerable exactions make up their hard rents as it is sayd in the Defence of the last petition for reformation Many greivous complaints have been made against Officialls Commissaries and Chauncellours from time to time in Germanie France and other countries which I might produce to make this bondage yet more sensible CHAP. 6. Of Suffraganes Deanes and Cathedrall Churches WE have seen in the former Tables what persons have judiciall administration Now follow Persons having no Iudiciall administration Those are either Ecclesiasticall persons or lay-men Ecclesiasticall persons are the Deacon and the Minister and they have their function either without perpetuall title as Curates or with title The second sort either have a peculiar function beside their common function or have not a peculiar function These who have a peculiar function beside the common either have it through the whole â—â—iocie or but in a part of it Through ane whole Diocie as the titular Bishops who were of old called Chorepisâ—opi that is Rurall Bishops now they are called Suffraganes They are to bee considered either according to the place which they hold in the Common-wealth to wit next unto Barones or according to the place which they have in the Church to wit that they are Bishops both in calling and order but wanting jurisdiction 2. Dedicate Churches 3. confirme children instructed before in the Rudiments of Christian religion and that in a Diocie allotted unto them That which is here sayd of Suffraganes that of old they were called Chorepiscopi is controlled by Mucket himselfe For hee saâ—th that the Rurall Dâ—â—nes are like the old Chorepiscopi Deâ—â—ni 〈…〉 is Ecclesiae Chorepiscopis Aâ—chipresbyteris Regionarijs haud absimiles And so doth Bleynianus also in his introduction into the theorie and practique of benefices At the first where the Gospell was spread through the Countrey townes and villages as it was through Cities so they had Counâ—rey or rurall Bishops as well as Bishops in cities But ambition and pompe in Citie Bishops increasing it was thought a disgrace that such a dignitie should bee obscured with a meane place of residence Therefore it was decreed that it should not bee lawfull to ordaine any Bishop either in villages little forts or small Cities lest the name and authoritie of a Bishop should waxe vile Sathan was advancing this way the great mysterie of iniquitie Because he would make of Bishops young Princes hee went about as is well observed by Mr. Cartwright with robberie of the rest to lift up the head of one otherwise the great pompe which they were striving for could not be maintained At the first the countrey or Rurall Bishop had the same power in his circuit which the Citie Bishop had in the citie and suburbs of it Hierome sayth that the bishop of an obscure citie hath as much authoritie as hee of the most famous citie The Presbyters who were ordained by them their ordination was not made voyd and reversed untill they were throwne downe through the pride and dispite of citie bishops to the order of priesthood which is an argument sufficient that they were in estimation and judgement of the Church bishops of that same sort and kinde that the citie bishops were Beeing spoyled of the greatest part of their power and name also they there called Archipresbyteri at the last Countrey or Rurall Deanes and were made subject not onely to Bishops but also to their Archdeacons No propter subrogationem in locum Chorepiscoporum superbirent Archipresbyteri idem sibi quod antea Chorepiscopi arrogarent si immediate Episcopis supponerentur sayth Bleynianus a Papist This is his conjecture that the Archpresbyters were thrust downe to a degree lower then Archdeacons lest if they had been immediatly subiect to Bishops they might perhaps have claimed the power of the old countrey Bishops to whom in place they succeeded For justly Archpresbyters may claim by their order that which Archdeac cannot do For howbeit they be inferiour to Archdeac in Popish dignitie yet they are greater then Archdeacons in respect of their order Countrey Bishops at their first erection being equall to Citie Bishops were not their Deputies In the later and corrupt ages proud Prelates and loytering Lords addicting themselves to the world seeking ease or intangling themselves with wordly affaires as they commited the Ecclesiasticall jurisdiction to Chauncellours and Commissaries so that which is most proper to them as they pretend as ordination of Priests and Deacons confirmation of children and dedication of Churches they committed to Suffraganes that they might give themselves to ease and wait upon Councells Parliaments and other civill Courts and reserved nothing belonging to their owne charge that might trouble their ease or draw them from attendance upon Princes Courts and civill employments D. Field alledgeth against these Suffragane Bishops Melchior Canus a papist Such Bishops Melchior Canus entreating of Councells and the persons wherof Councells consist sayth they are so farr from having any place or voyce in councells that they neither have nor ought to have any place in the church at all The Bishops he speaks of he calleth annular Bishops happely for that whereas full Bishops had both staffe and ring expressing their jurisdiction as well as their espousing to the church these had the ring onely That Suffraganes may ordaine Priests and Deacons and confirme in their Church is evident by their latest Canons Now if Bishops may transferre these things which belong to their order to one Suffragane they may transferre it also to moe and consequently to all the Cathedrall and countrey Deanes and restore the countrey Deanes to their old liberties againe It dependeth onely upon some new Canon The Bishop of Spalato sayth Imo si vult Episâ—opus canones non prohiberent potest suos parochos plene Episcopos facere ordinare ut omnes sui or diniâ— actus plâ—ne possint explere simul ac in soli 〈◊〉 cum ipso Ecclesiam gubernare The Bishop may make all his parish priests not onely halfe but full Bishops that they might governe the Church in common with him sayth he if the Canon law were not an impediment The parish priest may curse this Canon law that hâ—ndreth them of that which Gods law alloweth them But that which Divine law hath given
of God howbeit he doth it in effect and so doth the Archbishop For simonie non-residencie pluralitie of benefices readmission after the irregularitie of apostasie observation of superstitious dayes and times not eating of flesh in Lent and forbidden dayes which are here expressed are repugnant to the law of God Therefore he may take the like libereie in usurie perjurie incest mariage within degrees of the Leviticall law and the rest of the cases and causes which were reserved to the Pope of old It is not without reason then that the authours of the Admonition call this Court a filthy quagmire and poysoned plash of all abbominations seeing the filth of all these abominations are washed here and the guiltie person commeth forth after the Archbishops dispensation as white as snow leaving his filth behind in that Court Beside the Prerogative Court the Court of Arches the Court of Audience the Court of Faculties the Archbishop hath yet another Court called the Court of Peculiars which dealeth in certaine Parishes exempt from the Bishops iurisâ—iction in some Diocesse and are peculiarlie belonging to the Archbishop of Canterburie Hee hath also inferiour Courts such as other Bishops have You see then Canterburie is a petie Pope or according to Bancrofts reckoning a vice-pope made up of the old spoyles of comprovinciall Bishops and Synods and also with the new spoyls of the Pope beeing armed beside with the Kings delegate temporall power in the High Commission and so greater in his intensive power then ever he was in time of Poperie And when the union shall be accomplished shal be greater in his extensive power also with his Courts over-ruling our Nation and shall be vice-pope of this little World O if faithfull Patriots would forsee and prevent this The least of their Ceremonies will prepare a way to this mischiefe CHAP. 4. Of the Dignitie and Power of English Bishops IN the former chapâ—er we did onely give not grant superiorite of Bishops over Pastors which being supposed we medled onely with the vnlawfull power and dignitie of Archbishops but the truth is that the superioritie of Bishops over Pastors is unlawfull also By divine Law one Pastor is not superiour in degree above another no more then one Apostle or Euangelist above another Apostle or Euangelist The name of Bishops was not appropriate to any eminent rank of Pastors but was common to all as may be seene Act. 20. Philip. 1. 1. Timoth. 3. Tit. 1. 1. Pet. 5. And that their office was also common may be sene in the same places from whence Hierome in his Epistle to Evagrius doth conclude that a Bishop and Presbyter was all one And in his Commentarie on the Epistle to Titus cap. 1. that communi Presbyterorum consilio Ecclesiae gubernabaÌ„tur the Churches were governed by the joynt advice of Presbyters Our Opposites say that government was onely private in the inner court the court of Conscience not publicke in the externall court or Consistorie It was so in the time of Poperie when the Priests were excluded from the externall governement of the Church which Bishops did vendicate to themselves and their Courts the poore Priest having no further power then to receive privately auricular confession ponder the weight of secret faults and accordingly to enjoyne pennance But Hierome speaketh not of a severall but of a common councell and joynt care of many assembled together For this private government in the inner Court of conscience was not onely then but continueth to this day wherby every Pastor may deal with the consciences of any of his own flock But Hierome speaketh of a government which was altered after the Apostles times and different from the Episcopall government which followed When the Churches were thus governed in common by joynt advice of Presbyters they had not a perpetuall President or as we use to speake a constant Moderator who had this preeminence during life set over them to moderate the common Meetings but they choosed their Presidents and changed them as they thought fit No Pastor could claime this prioritie of order and direction of the common Meetings as belonging to him of office The Apostles did no where institute this same small difference of Pastors that some during life should be moderators of the rest let be that majoritie of rule and superiority in power which Bishops doe claime The Pastors who were at Alexandria the first we read to have set up a constant Moderator to whom also they did appropriate the name of Bishop This was the beginning of that great mischiefe which followed This was the Cockatrice egge out of the which Antichrist himselfe was hatched For this perpetuall Presidencie and prioritie of order did degenerate in superiority of power and majoritie of rule and the Bishops growing to some grandeur they behoved to have an Archbishop and at last a Pope So that if a Bishop had not beene a Pope had not been and if there had not been a Pope the great Antichrist had not been Boni-gratis supposed to be the author of the Treatise de aetatibus Ecclesiae wondereth that the Popes Monarchie should arise from so small a beginning But the Apostle telleth us that that iniquitie was a Mysterie and that this Mysterie was working under ground even in his time For even the Apostolicall times wanted not a proud Diotrephes loving preeminence A little seed will bring forth a great Tree If the Discipline had not beene corrupted as well as doctrine the great Antichrist could not have risen All the errours and heresies in doctrine and matters of faith which have entered in the Church could not have brought him in unlesse errour and corruption in the government had entred in also for unlesse this had been he could pretend no claime at all to governe and rule I come therefore to our English bishops Let a man travell through Italie where the Pope is or Spaine where the Spanish Inquisition is he shall finde no difference betwixt the power of an Italian Spanish or English bishop The English bishop is the same now for power and greatnesse that hee was an hundred years since in the time of poperie There are foure things chiefly to bee considered in him First the derivation of his power 2. the sole exercise of his authority 3. the deputation of this his authoritie 4. his extensive power As for the first they are not bishops as we have sayd iure divino by divine institution or right nor cannot bee Neither are they Bishops by humane law that is the constitutions of the ancient Church which imprudently and unhappily set up the first bishops erring in taking up right the nature of Church government and the qualities of the Antichrist who was to be revealed but in the full time For they are not of that kinde of Bishops which ruled together with the Presbyterie or Ecclesiasticall Senate but they are bishops by the Municipall law of the land onely in the judgement of the lawes For all their
which state now will give place to none in their loyaltie and devotion to your Majestie Where it is sayd here that Deane and Chapters were at the first counsellers to Bishops it is to be understood at the first time of erecting Deane or Chapter not at the first setting up a Bishop far lesse at the first forme of Church-government planted by the Apostles For Presbyters were before Bishops and when Bishops were set up at the first they were set up by the Presbyterie and that in the degree of perpetuall Moderatorship and Presidentship onely neither was there a particular choice made of some Presbyters to sit in judgement with this President nor another besides this President Bishop to be Deane of the Presbyterie for that had beene to make a President above a president and some Presbyters Cardinall Presbyters of more esteeme theâ— the rest In the Church of Ierusalem all the Presbyten governed not a selected number D. Field a defender of the hierarchie acknowledgeth this That for a long time there was no more respect had to one Presbyter then to another but all equalâ—y interessed in the government of the Church were indifferently called to the election of the Bishops â—nd his consultations it is most cleare and evidâ—â—t Aâ—â— this he proveth in speciall of the Church of Rome by Cyprian And the first appearance of this difference that not all but Carâ—inall Presâ—yters onely were called to the common consultations in the Church of Rome it selfe that he found is in the time of Gregorius Magnus that is about 600 yeares after Christ yet he leaveth this as uncertaine But certaine it is sayth he that all the Clergiâ— had interest in the choyce election of the Bishop even in Gregories time As if now the whole ministerie and Cleargie of the citie of Lonâ—on should be admitted to the election of the Bishop and not some few Chapiter men onely Yea Bellarmine him selfe sayth Non enim jus divinum definivit ut hi potius quam illi ex clericis eligant For divine 〈◊〉 hath not determined that such and such of the Clergie more then others should choose But afterwords in processe of time sayth D. Field the Cardinâ—lls onely had interest in the election of their Bishop and they and no other were admitted to sit in Coâ—â—cell with the Bispop all other Presbyters being excluded By which meanes the dignitie of these Cardinals was greatly encreased Again Now these Cardinall presbyters were not onely in the Churâ—h of Rome but in other Churches also as Duarenus sheweth So the institution of this difference was so farre from being excellent that it thrust lawfull pastors from the government of their owne particular charges the joynt government of the church and increased the dignitie of Cardinalls These Cardinals were but parish priests and Deacons resident in their parishes and titles So are not our Chapitermen But that assistance and councel in proces of time went out of use also So it is ever dangerous to depart from the right partern and shape formes of government to our selves Alwayes this polititian alledgeth very pertinently to the shame of our bishops and their sole government that the Bishop of Rome performeth all Ecclesiasticall jurisdiction as in Consistorie We heard how Archbishops were made up with the spoyles of the Synodes So the Bishops were made up with the spoyles of the Presbyteries Would you not thinke it very absurd to see the Moderator sit by himselfe exercise all manner of Ecclesiasticall jurisdiction without the Presbyterie Of the Deane and Chapter wee will have occasion to entreat a-againe The third thing to be considered in the English Bishop is the deputation of his authoritie He hath griped greedily and taken in his own hands all the power of the Church and when he hath done that because he is neither able nor willing to discharge this burthen which he taketh on himselfe hee transferreth his charge unto other officers under him He hath taken from the Pastors the pastorall staffe of government which belongeth to every shepheard that is set to keepe Christs sheep and left them nothing but the pastorall pype to preach and minister the sacraments and hath put that pastoral staffe in the hands of strangers who are not the true sheepherds that is in the hands of Chancelours Archdeacons officialls and CoÌ„missariet vicars generall and the rest of that Antichristianâ—able of officers The 4. is their extensiue power For wheras the presbyterie choosed and set up a Bishop and no presbyter was excluded from common consultation and judgement and their meeting behoved to be ordinarie for exercise of ordinarie jurisdiction in the Church wher they governed the bounds of the Bishops jurisdiction could be no larger nor the bounds of the presbyteries jurisdiction that is wher all the presbyters might convene to exerce ordinarie jurisdiction All the presbyters of a shire or countie could not convene ordinarilie and weeklie together to exerce ordinarie ecclesiasticall jurisdiction Neither is any where in the new Testamenâ— a visible Church endowed with power of ecclesiasticall government taken for a whole shire or Countie We reade of the Church of Ephesus Philippi Ierusalem Corinth Thessalonica c. But to call the particular congregations in the countries extended in leâ—gth and breadth about these cities the church of thesâ— cities is absurd and no where to be found Hâ— would be thought to speake ridiculously whâ— would under the name of the church of Saint andros comprehend all the congregations iâ— Mers Lothian and â—ife or under the name of the church of Glasgow all the congregations iâ— Teviotdale Nithsdale clidsdale c. Citiâ— churches and towne churches the scripturâ— knoweth but not countrie churches Fâ—â— when the scripture speaketh of a Province or Countrey it speaketh in the plurall number Churches not Church in the singular Seing then there was no Diocesan Church ther was no Diocesan Presbyterie nor Diocesan Bishop No Church is above another The Church of Corinth had no superioritie over the Church of Cenchrea which was next adiacent And consequently the Presbyterie of one Church hath not superioritie over another Church therefore the Bishop chosen by the by the Presbyterie of one Church hath not power over the Presbyterie of another Church Neyther can he possibly exercise ordinarie iurisdiction in divers Churches and Presbyteries except yee will make him a Pluralist and have him gallop from one to another to keepe the ordinarie meetings which galloping was not kaowen in the Apostles times But Bishops have spred their wings over many cities and townes whole Countries and Shires that they are not able suppose they were willing to execute the power which they claime in their owne persons but must of necessity depute others And whom depute they I pray you Doctours of the civill lawe whom they make Chauncelours Officials Commissaries and other officers of the Canon law Suppose they should depute ecclesiasticall persons onely yet this should not free them
seemes by the 36. article to be that wee are required to subscribe unto and which it may be some of the Bishops doe still use there are other corruptions as that the coape albe surplice tuniâ—le and pistorall staffe are appointed to be used in ordination and consecration There the elected is presented by two Bishops to the consecrator who is sitting and the elder of the two Bishops sayth Most reverend father in God c. So here he is presented by two bishops to the Archbishop or any other bishop having commission to whom one of them sayth Most reverend father in God we present unto you this godly and learned man that he may be consecrate bishop There none is consecrate till the commission be shewed here likewise the Archbishop is carefull to have the Kings mandate anent his consecration to be produced and read There the elected taketh an oath upon his knees to the Pope and another of obedience to the Archbishop so here they must take one oath concerning the supremacie another of canonicall obedience to the Archbish. There the Archbi demandeth some questions so also here There is sayd or song Veni Creatâ—r so here There the Archbishop together with the Bishops then present laying on their hands say Receive the holy Ghost so here also as if the one could give and the other receive the holy spirit from his finger ends By the book of ordaining Prists and Deacons the Archbishop should lay the Bible upon the bishops neck that is to be ordained and put a pastorall staffe in his hand sayth the authour of the petition to the Queenes Majestie but they put the Bible in his hand and observe not the former direction or else follow a later booke of ordinations After these things being done the consecrator and his assistants communicate with the new consecrated bishop so here also The Gospels the Collects the Epistles the Letanie which are here used for the most part are borrowed from the same Pontificall and the Letanie interrupted here also as there There the consecrator sayth nothing more ordesâ—e then is set down in the booke either when he prayeth or demandeth or consecrateth so here There the consecrator putteth gloves on the hands of the consecrated Here the consecrated Bishop dealeth gloves as I heare to his friends for why now he is maried and the mariage betwixt him and the Church which was begun by the election is consummate they say by consecration Should not then the bridegroome deale gloves among his friends That day that our Bishops were first consecrated at London their bride at home understood nothing of the matter In respect of his function either in things concerning Episcopall order or concerning iurisdiction Concerning Episcopall order as 1. to ordaine Deacons and Ministers according to the prescript of the booke of ordinations 2. to dedicate Churches and buriall places 3. to confirme children The power of order as they call it that is a power and authority which is given to men sanctified and set apart from others to performe such acts as belong to the service of God and the discharge of the pastorall function it acknowledged by D. Field as also by the sounder sort of the Romanists themselves to be equall the same in all pastors and that there is not a greater power of order in the Bishops then Presbyters If the power of order and authoritie to intermedle in things pertaining to Gods service be equall and the same in all Presbyters who hath power to abridge this their power and limitate the exercise of it To reserve the exercise of it to the Bishop as if he alone may give orders or if other ministers joyne either casually or by Canon with him that it is not for consecration but for consent and approbation onely or that a whole Presbyterie cannot ordaine that is sanctifie dedicate or set apart any person to the ministery unlesse there be a Bishop present to utter the words of consecration is not onely absurd because it imports that God hath bestowed on them a facultie which they cannot put in execution but also dangerous for the Church of God as experience of the last age hath manifested For then all the Ministers in France and other reformed Churches who received not imposition of hands by bishops should not be lawfull Ministers Their shift of the case of necessitie is no shift at all For if they have that power by divine right as they pretend the other may in no case usurpe it Further seeing nature giveth not faculties in vaine wee must not thinke that Christ gaue a power or facultie to be idle The gifts and faculties he gaue hee gave them to be imployed not onely in time of necessitie but at all convenient times and occasions offered Where do they finde in all scripture this exception of the case of necessitie Where the law of God doth not distinguish ought man to distinguish The prayer out of the mouth of a divine bishop a minister appoynted by the presbyterie to moderate the action is it of lesse efficacie then the prayer out of the mouth either of an human or Satanicall Bishop As for imposition of hands it is a rite onely which is common to all and not essentiall Seeing then to ordaine ministers belongeth to the power of order as to preach the word and minister the sacraments doth and that this power is common to all pastors the validity or invaliditie of ordination ought not to depend upon a bishop set up by mans appointment and invention and that it was but an invention of man is clear in that this reservation restraint came in but by corrupt canons In the councell of Ancyra a canon was made to forbid the presbyters of the Citie to ordaine presbyters and Deacons without the bishops permission wherby appeareth that before that Canon was made they had ordained some without the Bishops either presence or permission and yet their ordinations were not made voyd and that after the making of the Canon they yea it is confessed that this is reserved unto them potius ad honorem sacerdetij quam ob legis necessitatem rather for for the honour of their Priesthood then the necessitie of any law at Hierome sayth Beda sayth in plainer tearmes that for pride aud arrogancie this as many other things were not permitted to Priests but reserved to Bishops That which the Iesuite Swarez sayth concerning confirmation Si prestyteri ex visuae ordinationis haberent sufficientem potestatem ordinis ad hoc sacramentum ministrandum sine causa in universum prohiberentur illud conferre may be applied to that which I affirmed of ordination that God gave not faculties and powers to be idle I have as yet onely supposed this their confirmation to be lawfull But let us now see what it is The bishop or such as he shall appoynt apposeth the children in some questions of a short catechisme for hee taketh not the paines to
squealing Quiâ—isters Organ players Gospellers pistlers pensioners vergers c. Wiclâ—ffe sayth there â—e 12 disciples of the Antichrist Popes Cardinals Patriarches Archbishops Bishops Archdeacons Officialls Deans Monkâ—s Canons Friers Pardoners He reckoneth yee see the Deans and Canons among the disciples of the Antichrist And in truth what are they else but idle lubbers lying in the cloysters of their Cathedrall Churches having either no necessary or profitable charge in the cathedral church where they loyter or else have a charge in other places but under colour of their prebends absent theÌ„selves from the churches where they are bound to a cure of soules and that which they spoyle and raven in other places there sayth M. Cartwr they spend and make good cheere with And againe he sayth they should indeed be the rewards of learning if they were converted unto the maintenance and bringing up of Scholers where now for the most part they serve for fat morsels to fill if might bee the greedie appetites of those which otherwise have ynough to live with and for holes and dennes to keep them in which are unworthy to be kept at the châ—ge of the church or else whose presence is necessarie and dutifull in other places and for the most part unprofitable there The Deane and Canons or Prebendaries are not sustained with the Ecclesiastical rents and possessions of the citie where they loiter but for the most part of the rents and possessions of their charges in the countrey to their ruine and desolation the great steeples devouring the little steeples the great Quires overthrowing the finall pulpits It was done no doubt in a foolish and pretensed imitation of the temple of Ierusalem to appoint such idle serving and singing men to uphold in the cathedrall Church daily chaunting and singing as was the custome in the temple of Ierusalem But all the people in the land had communion of worship in the sayd temple and repaired to it thrice in the yeare to that effect and purpose beside that the daily worship was for the use of all those who were upon severall occasions to repaire unto the sayd temple and therefore the whole people of God is called the church of the Iewes because they had communion of worship in one place But there is no such place in the Christian churches appointed either for countries counties or shires Every church even the meanest hath as great interest priviledge to all the points of Gods worship as the greatest cities lett be the Cathedrall seats which are not ever the greatest Then againe their curions singing and chanting serveth not for edification of the soule but rather to hinder true devotion and carie away the mind from heavenly meditation with a carnall and sensuall delite He that singeth should be liker pronuncianti quam canenti to one who pronounceth the word then to one that singeth Psalmes as sung by course side after side some few singing the rest of the people resrayned from singing One half sung with the hart the other half with hart and voice Then again their musicall instruments were unknowen to the church of God for 800 yeres Yea it appeareth that they were not brought in in the dayes of Aquinas For he sayth sed instruments musica sicut cytharas et Psâ—teria non assumit ecclesia in divâ—nas laudes ne videatur iudaizare The Church then it seemeth used no musicall instruments in his time lest it should seeme to Iudaize Yea amongst the Iewes themselves these musicall instruments were not used in their synagognes but only in the temple which was the theater of all the ceremonies of the leviticall law Againe that one should read the gospel another the epistle what an idle distinction of idle officemen in the church is this for by this reason they may make a third sort also for reading of the law The Treasurer Chancelour Vicedeanes offices are not all alike in every cathedrall church sayth Mucket but divers according to the different statutes of divers places It is hard therefore distinctly to define particularly their offices The Deane of the cathedrall Church succeedeth in the roome of him who was called Archipresbyter urbanus the citie Presbyter as the rurall Deanes doe the Countrey presbyter But the cathedaall chapter doth not consist of the presbyters of the citie as the rurall chapiter did consist of the presbyters within the rurall Archpresbyter his praecinct yea they were bound to sit in chapiter with the Deane sayth Dr. Field But all the Presbyters of the cathedrall citie doe not at any time sit in chapiter with the cathedral Dean as I gave a lively example before of the citie of London where the Ministers of the severall parishes doe not sit in chapter with the Deane of Pauls but onely Canons and Prebendars who for the most part ought to serve at parishes perhaps 20. or 30. miles from the citie The cathedrall seat of Canterburie hath 12. or 13. parishes but not 4 able preachers sayth the author of the Assertion for true and Christian Church policie I have been in some of their cathedrall cities where they have no parish minister to preach but onely the watering of some prebendarie who commeth to attend on service in the temple and neglecteth his owne charge with cure of soules Againe suppose this chapiter did consist of parish ministers within the citie yet that some should bee made cardinall to sit in chapiter either with Bishop or Deane and others secluded having as great interest in the common government of their stocks as it is not grounded on the word so it was not known to puret antiquitie as wee have already made evident And it is acknowledged also by Bellarmine howbeit hee doeth conjecture upon a false ground what was the cause of it Nam à tempore Apostolorum per multos annos imo etiam per aliquot soecula quia pauci erant Presbyteri Diaconi omnes simul ad electionem Episcopi ad concilia vocabantur neque opus erat tunc distinguere à Cardinalibus non Cardinales sicut etiam in alijs Ecclesiâ—s non distingâ—ebantur Canonici à non Canonicis And yet there were many Presbyters at Rome in Cornelius time as they themselves confesse yet even then this distinction was not made as Bellarmine in that same place doth acknowledge Farther this same chapiter hath not any medling with jurisdiction in common with the Bishop The Deane and Prebendaries in many places have power severally to excommunicate in their parishes which belong to them in peculiar but they convene not chapiterlâ—e to exercise spirituall jurisdiction and inflict spirituall punishments and censures upon every delinquent within the Diocie yea or cathedral seat onely either with the Bishop or without him Alienation of church lands or setting of takes and such like which concern the possessions of the Church may not passe without them but for spiritual jurisdiction they are content that the vicar
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
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
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
the bounds of the Roman Empire the governours framed the government according to the forme of the Empire and made degrees in the Church like to degrees in the common-wale They intended not to set up the Antichrist but being led partly with carnall wisedome partly with ambition and vainglory wittingly and willingly did that which brought in the Antichrist and so the mysterie of iniquity which began to work in the Apostles time wrought on still till Antichrist come to his full strength and perfect age While they were framing degrees according to the fashion of the Romane Empire first Bishops then Metropolitanes then Primates then the foure great Patriarches they were but forming the second beast according to the image of the first beast and the Bishop of Rome one of the foure Patriarches became the head Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age as they were after and have been ever since even to this day They hatched him and he hath rewarded them with greater authority and power But giving and not granting the Diocesan Bishops to bee of divine or Apostolicall institution we will in this chapter onely let you see the Archbishops unlawful superiority over them Persons having lesser ample administration having eyther iudiciall administration or administration not iudiciall eyther constitute by law or introduced without law constitute by law as the administration of the ordinarie Iudges They doe execute it under the Prince either in their owne name or the name of others In their owne name as Bishops so called either with addition as Archbishops or simply Bishops Archbishops being in England two Canterburie and York are considered eyther in respect of their peculiar Diocies in all respects as other Bishops or in respect of the whole province according to the place which they hold eyther in the ecclesiasticall state or the civill In the ecclesiasticall estate eyther according to the place which they hold cōmon to both the Archbishops or that which is peculiar to Canterburie According to the place which is common they are to be considered eyther as in their ordination or as after their ordination In the ordination it selfe it is to be considered that if they the Archbishops haue not been heretofore Bishops they must be consecrated by some Bishops If they haue been Bishops then their election onely is cōfirmed by some Bishops Metropolitanes were chosen confirmed and consecrated of old not by some but by the whole Synode of the comprovinciall Bishops But the English Bishop have no Provinciall Synods to any such purpose They have neither the Discipline prescribed in Gods word nor the Discipline of the old Bishops and Metropolitanes but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist Here also wee see a signe that they make the Bishop and their Priest of a different order For a Priest when he is made a Bishop must receive a new consecration But a Bishop when hee is made an Archibishop is not consecrated of new howbeit hee bee in degree of power and jurisdiction above other Bishops After ordination they are to be considered either as Metropolitanes or as Archbishops or as Primates or as lesser Patriarches The English Metropolitanes have onely Bishops under them yet sayth Mucket they enjoy the titles and discharge the functions of Archbishops and Primates also Metopolitans at the first were not called Archbishops as I have sayd but the Patriarches greater and lesser onely to whom appellation was made from the Metropolitane But when Metropolitanes began to receive appellations then this proud stile descended to them also as we will see incontinent that as Bishops they received appellations They will extoll the wisedome of the ancients in framing degrees in the Church and yet they themselves confound these degrees and offices and make one man to bee a Metropolitan an Archbishop and a Patriarch Many degrees were made to the Pope to climm up to his throne that beeing done then was there confusion againe We have this confusion then out of Babylon As Metropolitanes 1. in confirming the elections of the Bishops of his Province 2. in consecrating these Bishops together with other two Bishops By the auncient Canons it was ordained that all the Bishops of the Province should assemble to the election confirmation and consecration of the Bishop also and the Metropolitan was present with the rest as one of the number and moderator onely of the convention and the action was common The Bishop of Spalato confesseth that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath By their own book of orders it is not needfull that the Archbishop consecrate a Bishop but an inferiour Bishop may do it for him yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him How can they then bee so shamelesse as to say that Archbishops bee of divine institution if another may consecrate a bishop as well as hee whether it bee with his consent or without it Abbots who have been but simple Priests have of old ordained bishops without either commission or consent of Archbishops as Beda restifieth Of the forme and rites of their consecration wee shall entreat in the next Chapter This that they call consecration of Bishops was not known to the purer Church The ministers chose one of their number to bee a perpetuall moderator of the common actions and called him Bishop as at Alexandria where he was first hatche◠and made at the first but onely perpetuall president and this was all 3. In convocating Provinciall Synods according to the Kings rescript 4. in moderating Synods and giving the last voyce Their Provincial Synods are not like the provincial Synods which wee wont to have For ours were but Synods of Shires 4 5 or 6 classicall Presbyteries assembling together twice in the yeare But their Provinciall Synode is a Synod of the Bishops of one Province All the Diocies of the Archbishop and of his suffragane or comprovinciall Bishops which are under him make but one province And seeing they have onely two Archbishops they can have but onely two Provinciall Synods The Metropolitane convocateth the Provincial Synod upon the Princes letter which happeneth very rarely If the Prince direct his letter to any Bishop as sometime hee hath done what need is there of a Metropolitan For they say we cannot have Synods unlesse we have Metropolitanes to convocate them and this is a chiefe part of his function If so be why doth he not exerce his function without a particular letter of the Prince as well as the Bishop doth in convocating his Diocesan Synod If that be a part of his ordinary power to him as this to the other why doth it depend on the Princes letter and how dare a common Bishop take upon him notwithstanding of the Princes letter that which of office apperteineth to the
Metropolitan Ye may see that this part of his function also is not of divine institution that is so dependant and changeable at the pleasure of princes as they confesse themselves Neyther is it requisite of necessity to haue a Metropolitane to convocate Synodes for Synodes at the first assembled without Metropolitanes And in our age both in our owne and other reformed Churches Synods have assembled where there is no Metropolitane Nay rather Synods would be more frequently convocated if they were altogether removed it is so farre from the truth that either we cannot have Synods unlesse we have Metropolitanes or that God hath ordained in his word that they should convocate Synodes For we haue no Synods Metropoliticall but onely Diocesan since Metropolitans have beene set over our heads nor yet national but seldome and dressed before hand for their purpose If it be not of divine institution that the Metropolitane should convocate Provinciall Synods neither is it to moderate And as for necessity there is none as experience of our owne and other reformed Churches can beare witnesse yea in their owne last Synode Banâ—roft Bishop of London was president It may be that it was his Papsticall office which hee had of old For in the Catalogue of the seventy Archbishops Canterbury is made the head of all â—ur Churches all Bishops sworn to Canonicall obediâ—nce of that Archbishop and defence of all privileges and liberties of that seat Where the Bishop of London is his Deane to call Synods to publish his decrees to make returne of the execution Winchesteâ— his Chancellour Lincolne his Vicechancellour Salisbury his Chaunter Worcester his Chaplaine Rochester his Crosse-bearer As Archbishops 1. in receiving of and answering to appellations interposed made from his Suffragane Bishops 2. In visiting the whole Province according to the lawes and custome As the Bishops haue suffragane Bishops under them so the Bishops themselves are Suffraganes to the Archbishop They are not his suffraganes as he is Metropolitane but as he is Archbishop So that as Archbishop he hath greater authority then he hath as Metropolitan For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop neyther by receiving appellation nor by way of visitation But as Archbishop he may receive appellations and visite the Dioces of his Province without a Synode as being not onely superiour in honour and prioritie of order but also in power of jurisdiction And for this his greatnes which he attained unto he beareth the proud title of Archbishop The old Bishops knew no other but a Metropolitane the Provinciall Synode assembling twice in the yeare to the which appellations were made It is troublesome say they to call Synodes so often Dioces are so large and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided Here a notable tricke First they say it is needfull to haue Synodes and therefore needfull to haue a Metropolitane This againe they crosse and say there is no need of Synods it is difficile and incommodious to have two provinciall Synods in the yeare as of old The Archbishop may doe all that the Synode did receive appellations visit and correct the excesses and defects of other bishops onely he may not make Canons and Ecclesiastical lawes without a Synod Neither is there any need of new Canons the old are sufficient But I would demand why Synods may not be so easily and so often convocated as of old Is it because they have their Diocies extended over one two or three Shires and the province extended almost as farr as the kingdome as Canterburies province in England and Saintandros in Scotland Their wings should be clipped their Diocies and provinces contracted and multiplied if that the Discipline of the old Bishops were to bee preserved that Synods may assemble But before they loose any part of their extensive power and large impire they will rather reteine the corrupted discipline brought in under Antichrist If they will say on the other side the Diocies were as ample of old then why doe they pretend to their loytering in their owne or the Kings palaces the distance of their Diocies And if they will not convocate Provinciall Synods twice in the yeare what is the reason that they will not convocate once in the yeare or as was concluded in the Councell of Basile once in three yeare Yee may see that this corruption is so grosse that it was palpable in the time of most palpable darknesse Againe Synods did not assemble onely to make Canons but also for to put order to all causes Ecclesiasticall Farther there is continuall occasion to make new Canons and also to reforme or repeale old corrupt canons Neither doe Synods need to stay long upon appellations if the Church should meddle onely with causes properly Ecclesiasticall and the ancient judicatories inferiour were restored of presbyteries and consistories But to medle with tythes testamentarie and matrimoniall matters and to set up Archdeacons Officials and Chancellours and the rest of that â—able it may well procure moe appellations then a grave and godly Synode should be troubled with When all is done yet Canterburie doth not nor will not take the pains as by himselfe to decide the appellations Hee hath â— Court which they call the Court of Arches wherein sitteth as Iudge the Deane of the Arches he hath to doe with appeales of all men within the province of Canterbury Advocates there be in this Court 16. or moe at the pleasure of the Archbishop all Doctours of law two Registers and ten Proctors And another Court not unlike unto this which they call the Court of Audience which entertaineth the complaints causes and appeales of them in that province So yee see what way the ancient Synods are gone Neither to direct by making Canons nor to execute them being made should bee permitted to the pleasure of one man And yet by the way remember that the Prince with advice of the Metropolitane may make Canons also Howbeit the Archbishop be made up with the spoiles of the provinciall Synode his grace may not attend on the â—â—scharge of the Synods care and jurisdiction And whereas he may visit if he please the whole Diocies of his province doe yee thinke hee will take the pains himselfe who then shalâ— attend on Court and Councell Yea I suppose that seldome hee sendeth his Chancelour or any other for him By the Canons of the Councell of Trent the Archbishop may no visit the Diocie of another bishop unlesse the cause and necessitie be first tried in the provinciall Synod so that the fathers of that superstitious and bloudy councell were ashamed of the Archbishops exorbitant power which the English retaine And the English say that during the time of the Archiepiscopall visitation whereby the jurisdiction of the ordinary is suspended that Ecclesiasticall iurisdiction which hee practiseth hee doth exercise from and under the Archbishop as his
gift And doth not this I pray thee see to be an honest way to get a Church living no such base and beggarly one as you speak of But is not this currying of favour meere beggery Is it any whit a lesse filthie thing to come to a rectorie or Personage by favour then by money If wee will judge indifferently it is all one fault to creep in whether it be by bribing and simonie or by fawning and flatterie The rest of the rout in the Countrey are diligent in attending the common sort of Patrones whose thresholds they lye watching at whose wives they brave and court as if they were their mistresses whose children they cogg with whose servants they allure with faire words and promises to be their spokesmen and in every place and poynt they play the parts of miserable beggars Some there are that begg more craftily like to those that sit in the high wayes or in places where two wayes meet and there they offer pilled rods to passengers to get a peece of moneyâ— therewith as it were a pennieworth for a pennie So doe men make way for their suits by large giving of money in hand or else by compacting to give some of their yerely tithes for a gratification But some man will say all this is not the corruption of the Lawes but the corruptions of men Nay surely as long as that manner of conferring Ecclesiasticall charges taketh place which hath been in use among us to this day there can be no remedie applyed to cure or prevent this beggarliness Doe wee not sufficiently find it to be true in experience In the late Parliament Lawes were enacted severely against it But what came of that nothing truely but that it made men deale more closely and cunningly to cosen the Law We must not thinke to doe any good with our lawes where Christs lawes are not observed But to proceed whence once the living is by beggerie obteined from the Patron what a deale of begging worke is there to come for those Sir Iohn-lack latines that institution might be had from the Bishops Heere hee must supplicate not onely to the right reverend Bishops but to Master Examiner to my Lords Groom of his Chamber his Register the Yeoman of his Butterie and Larder yea the meanest that belongeth unto him Not that want of Latine and learning will keep him from entrance into his benefice but that he that hath need of money for dispatch or speech with my Lord or the like must fee the servants the better whose gaine commeth trowling in this way There is no Castle so defenced which a Latinelesse asse laden with golden mettell may not scale and conquer Neither is there only almost so unfit that hath the repulse but by what engines he prevaileth let them looke to it The like is the condition of Praebendaries Archdeacons and Deanes Nay are the Bishops themselves cleare of this base beggarie What meaneth then that continuall haunting of the court and hanging upon the Nobles Why doe they not stay and wait till they be sent for yea why are they not rather pulled away from their studies against their wills Nay rather if a man should appeale to their consciences whether aâ— not some of those fat demeasnes of their Bishoprickes let out of their own accord to such as they seeke and sue to that might farme and hire them or else are there not other large bribes covenanted to be given to such as shall stand them in stead for attaining of those dignities But are thâ—y onely thus beggarly in their ambitious suing for their promotions Nay truly some of them are grown so extreamly base this way that if they bee to change their See they pay not their first fruits but by racking together in a filtâ—y fashion an almes from the poorest vicars which yet must goe under the name of Benevolence to make a cleanly cloke withall The price of simonie is not onely a gift in the hand of money but also the servile flatterie of the tongue prayers and sollicitations and officious services of the body Some Bishops have made their porters ministers as the authour of the petition to the Queene doth witnesse Simonie is compared to the leprosie of Gebezi but they have a water to cleanse it the Archbishops court of faculties where the Simoniacall person may be washed by a gracious but a costly dispensation 3. To grant a vacant benefice in title of trust which they call a Commendam either for a time or during life Wee alledged before an example of him that was Bishop of Glocester and withall commendatare of the Bishopricke of Bristow 16. yeares altogether by the late Queenes dispensation as witnesseth Godwin of Landaffe in his commentarie of the English Bishops Bishops are not content with commendams of Bishoprickes but to make their Bishoprickss more corpulent fat they take also fat parsonages vicarages and Prebends in commendams 4 That the sonne may succeed immediatly to his fathers benefice If the sonne claime kindnes as we call it to his fathers benefice he ought to be repelled and no dispensation should further him for the ministery doth not now discend by generation as in the tribe of Levi. But if he be sought lawfully chosen and called by the Church he may very well be admitted to his fathers benefice without the dispensation of any Archbishop 5 That for a time and for some weightie cause the beneficed person shall not bee bound to make residence but may serve by another that is sufficient Beneficed men are licenced to take up the rents of the benefice without making residence on their cures and charges The Chaplaines of the King Prince Noblemen and Bishops take up the benefices of their parishes and live notwitstanding at Princes Noblemen and Bishops houses Mr. Leaver preaching before K. Edward 6. sayd Now my Lords both of the Laity and Clergie in the name of God I advertise you to take heed for when the Lord of all Lords shall see his flockes scattered spilt and lost if he will follow the â—racke of blood it will lead him straight way unto â—his Court and your houses whereas those great theeves which murther spoile and destroy the flockâ— of Christ be received kept and maintained Hooper preaching before the said King said that his Majestie should beginne at his owne Court and compell the Chaplaines to serve thâ—se soules that labour for their livings otherwise he should put his owne soule in danger The Courts then of Princes Nobles Bishops and others are the first denns of these soule-murtherers The second rank of dennes wherein they lurke is the universities of Cambridge and Oxford There the fellowes of their Colledges beneficeâ— persons do make residence not at the Churches to which their beneficeâ— belong but as a Countreyman of their own â—aith melting and dying there like snayleâ— within their shelts The third sort of Non-residents are Deanes and Prebendaries lurking in their Cathedrall Churches as in dens
devouring the benefices of Parishes lying farreâ— off in the meane time Others are permitted to take on orders and to receive a benefice and after as unsufficient to go to the universitie to learn for the space of 3 years and all this time the parish doth perish with the famine of the word The beneficed parson who is non-resident oftentimes cannot preach howbeit heâ— were willing many other Non-residents there are wandring vagabonds which are not lurking in any of those dennes Some have hirelings to preach monethly or quarterly sermonâ— for them to their flocks But because they arâ— hirelings they carie not true love to the sheep but onely serve for a little hire to the beneficed parson and performeth the taske agreeâ— on betwixt them not thinking to render account one day to the Sheep-master but answer onely to the Sheepheard the beneficed person whose wages he receiveth Therefore he dealeth not with the conscience but perfunctoriously performeth his prescribed taske for his hire for he thinkes the sheep not his charge but M. Parsons They are like the Philistim Priests which laid the Arke of God upon a cart and hurled it with Oxen which they should have carried themselves Although I speake herein too favourably of the greatest number of them which doe not bestow so much cost as a new Cart and a draft of Oxen will come too saith M. Cartwright For they have learned their husbandry of him saith he which teacheth that alwayes it standeth a man in least which may be done by a poore asse 6. That a Layman studying to letters may retaine a Prebend and yet not be compelled to take on the Ministerie If the office of the Prebendarie be necessarie then the Prebend ought not to bee bestowed to another use Then againe to bestow it on a Lay-man and not to prepare him for the use of the Ministerie is farre from the intention of the donatour 7. That a man entred in holy orders and otherwise qualified according to the Lawes may enjoy two Ecclesiasticall Benefices if they bee Benefices of Cure within a certeine distance if without cure without respect of distance Pluralitie of benefices doth include also non-residence For the pluralist cannot make residence at 2. or 3. divers parishes at once By statute made 21. Henr. 8. it was provided that spirituall men being of the kings Councel may purchase licence or dispensation and take receive and keep three Parsonages or Benefices with cure of soules Chaplaines to the King Queen Prince or Princes or any of the Kings children brethren sisters vncles or Aunts two parsonages or benefices with cure of souls Every Archbishop and Duke may have 6. Chaplaines whereof every one may have two Parsonages or Benefices with cure of soules a Marquise of Earle five Chaplaines whereof every one may have two Parsonages or benefices with cure of soules Every Dutchesse Marquesse Countesse and Baronesse being widowes two Chaplaines the Treasurer and Controller of the Kings houses the Kings secretarie and Dean of his Chappel the Kings Amner and the master of the Rolls two Chaplaines the chiefe Iustice of the Kings bench and the warden of the five ports one Claplaine every one with two benefices of cure of soules Lords sonnes Lords brethren knights sonnes Doctors and Batchelers of divinity Doctors of Law and Batchelers of the Canon law Provided also that every Archbishop because hee must occupie 8 Chaplains at consâ—cration of Bishops And every Bishop because â—e must occupie 7 Chaplains at giving of orders consecration of Churches may every one of them have two Chaplaines over and above the number above limited unto them whereof every one may purchase licence of dispensations and take receive and keepe as many Parsonages or benefices with cure of soules In the Record of the worthy proceedings it is sayd that by the provisoes of that statute the Kings Chaplaines may have as many benefices as they can get without stint and some others may have 4. benefices with cure at one time in severall counties and some two benefices and yet bee resident upon none of them so long as hee attendeth upon his Lord and master which is a thing intollerable in a Christian common wealth One person will have a mastership of a Colledge in one corner of the land a Deanrie in another a Prebend in the third as Mr. Cartwright reporteth The author of the petition to the Queen reporteth that manie have three or foure benefices scattered one from another an hundred miles In the 41. Canon of the late constitutions it is licensed onely to such as have taken the degree of a Master of Arts at the least in one of the universities and be publick and licenced teachers to have moe benefices with cure then one providing the sayd benefices bee not more then 30. miles distant asunder But what saith Brightman to the like Canon made before What hurt have masters of Arts done thee or how have they offended thee that thou shouldst owe and doe unto them this mischiefe to make them in the first place guiltie of so great a sinne Thou confessest that pluralitie is evil and a thing to be suppressed and yet thou givest them leave in thy indulgence to bee infected with this pestilent disease Doubtlesse it is a notable priviledge of their degree that they may bee naught before any others Pluralitie of beneficeâ— distant 30. mile doth include non-residence as well as of an 100 mile The Sun is farther distant from us then the Moon yet it is not possible for us to touch the Moon The last petition for reformation relateth that double beneficed men are suffered to hold some 2 or 3. benefices with cure and some 2 3 or 4 dignities besides The defender of the said petition doth report that their double beneficed men are almost sance number If benefices without cure of soules require notwithstanding an office and attendance upon that office he cannot lawfully enioy it together with a benefice of cure It is observed by some that there is not one almost of their bishops but he was first a Non-resident or pluralist or else hee could not have had sufficient meanes to obtaine the bishoprick Generally whence it is that the Archbishop may dispense in all causes not repugnant to the word if heretofore they have been used or accustomed to bee had at the Sea of Rome or if not accustomed to bee obtained at the Sea of Rome if the Prince himselfe or those who are of his secret councell doe permit We heard of some speciall dispensations before now we heare that the Archbishop may dispense in all causes dispensed heretofore by the Pope of Rome and more also The Pope was never duly qualified to be a lawfull dispenser no more is the Archbishop Where it is sayd if the matter it selfe be not repugnant to the word of God it is to no purpose for the Pope will not say that hee dispenseth in any thing repugnant to the word
iurisdiction power is united and anexed to the crown from whence it is derived as from a source unto them and by law they are bound to make their proces and writings in the kings name and not in their own names and that their seals should be graved with the Kings armes as I have already declared in the first chapter It is true that they make processes in their owne name and use their own seals but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite in chiefe of the king their Episcopall power and jurisdiction is not changed for all that want of formalitie as before I have cleared out of Bishop Farrars answer Sir Edward Cooke in the 5. booke of his Reports doth prove That the Function and Iurisdiction of Bishops and Archbishops in England is by and from the Kings of England and concludeth that though the proceedings and progresse of the Ecclesiasticall Courts run in the Bishops name yet both their courts and lawes whereby they proceed are the Kings as M. Sheerwood in his Reply to Downam doth report So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King If ye will call that authoritie civill then actions of a spirituall nature are performed by a civill authoritie which is absurd But seeing this is impossible that civill authoritie can be elevated to so high a nature it must follow that it is truely spirituall power which is united to and derived from the possessor of the Crown I meane in the estimation of men and judgement of the Law howbeit in it selfe and by Gods Law it cannot be done It followeth therefore that all the Iurisdiction properly spirituall which the English Prelates doe exercise as Prelates is unlawfull how soever they have the warrant of mens Lawes It is but onely to save their own credite that they have set Downam Bilson and other their friends on worke to plead that Bishops are above Pastors jure divino by divine Institution which they are not able to prove Next is to be considered their sole authoritie which is censured by Sir Francis Bacon now Chancellour of England after this manner There be two circumstances in the administration of Bishops wherein I confesse I could never be satisfied The one the sole exercise of their authoritie The other the deputation of their authoritie For the first the Bishop giveth orders alone excommunicateth alone judgeth alone This seemeth to bee a thing almost without exemple in government and therefore not unlikely to have crept in in the degenerate and corrupt times We see that the greatest Kings and Monarches have their councell There is no temporal Court in any land of the higher sort where the authoritie doth rest in one person The Kings bench common pleas and the Exchequer are benches of a certain number of judges The Chauncellour of England â—ath the assistance of 12 masters of the Chauncerie The master of the Words hath 4 Councell of the court so hath the Chauncellour of the Dutchy In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour and the Barons The Masters of Requests are ever more then one The justices of Assize are two The Lord President in the Marches and in the North have Councell of divers The Starre Chamber is an Assembly of the Kings privie Councell aspersed with Lords spirituall and temporall So as in all the Courts the principal person hath ever either colleagues or assessours The like is to be found in other well governed kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will deny but the acts that passe by the Bishops iurisdiction are of as great importance as those that posse by the civill Courts For mens soules are more pretious then their bodies and so are their good names Bishope have their infirmities and have no exception from that generall malediction against all men living Vae soli nam si ceciderit c. Nay we see that the first warrant in spirituall causes is directed to a number Dic Ecclesiae which is not so in temporall matters And wee see that in generall causes of Church government there are as well assemblies of all the Clergie in councels as of the Estates in Parliament whence theâ— should this sole exercise of jurisdiction come Surely I doe suppose and I doe thinke upon good ground that ab initio non fuit ita and that the Deanes and Chapters were councells about the Seas and Chaires of Bishops at the first and were unto them a Presbyterie or Consistorie and medled not onely with the disposing of their revenues and endowments but much more in jurisdiction Ecclesiasticall But that is probable that the Dean and Chapter stucke close to the Bishop in matters of profit and the worlds and would not loose their hold But in matters of jurisdiction which they accounted but trouble and attendance they suffred the Bishops to encroch and usurpe and so the one continueth and the other is lost And we see that the Bishop of Rome fas est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall iurisdiction as in Consistorie And whereof consisteth this his Consistorie but of the parish priests of Rome which terme themselves Cardinals a Cardinibus mundi because the Bishop pretendeth to bee universall over the whole world And hereof againe we see divers shadowes yet remain in as much as the Deane and Chapter pro forma chooseth the Bishop which is the highest poynt of iurisâ—iction And that the Bishop when hee giveth orders if there be any ministers casually present calleth them to ioyne with him in imposition of hands and some other particulars And therefore that seemeth to me a thing reasonable and religious and according to the first institution that Bishops in the greatest causes and those which require a spirituall discerning namely the ordaining suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterward touched in sentencing the validitie of marriage and legitimations in judging causes criminous as Simonie incest blasphemie and the like should not proceed sole and unassisted which point as I understand is a reformation that may be planted sine strepitu without any perturbation at all and that is a mater which will give strength to the Bishops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish thiâ— strength given to your Bishops in Councell so that is not unworthy your Majestiesâ— royall consideration whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house which was then restreyned when the state of the Clergie was thought a suspected part of thâ— Kingdome in regard of their late homage to the Bishop of Rome
of guiltynes For it is a personall duety which the scripture requireth of the officebearers of the Church At the first Bishops were placed in little townes aswell as in great cities and were not so thin sowne as since that avarice and ambition have made them to dispise obscure places and to strive who should have the largest Diocies Nay even in England the Diocies of old were not so large as now The Bishoprick of York hath devoured many smaller bishopricks next adjacent as Camden reporteth in his Brittannia The Bishoprick of Lincolne hath likewise devovred many bishopricks which were in the time of the Saxons and howbeit it hath been greatly impaired yet there are 1247. parish churches in that Diocie at this day as is related by Camden These generalls being premitted I will be the briefer in the particulars Bishops considered simply as Bishops of which in England there are 24. whose estate is to be considered eitâ—er in the common-wealth or in the Church In the common-wealth in that they have the title of Lords in respect of their Baronie annexed to the Bishoprick 2. to have precedence before other Barons in the convention of thâ—ee thre Estates or in other meetings They tell us that Elias and Elizeus 1. King 18. 2. King 2 were called Lords and if the propheâ—s were of old so stiled why may not they also By this reason all prophets and pastors should be so honoured But the tuth is that the name of Lord was given by the wife to her husband Gen. 18. 12. and to any man of honest account howbeit to mean men as to Philip. Ioh. 12. 21. to Gardiners Ioh. 20. 15. and was more common among the orientalls then Sir is with us Elias and Elizeus were not Barons and for their Bâ—ronies stiled Lords aboue the common sort But that stile is with us attributed onely to Lords of dignitie to Noblemen and other officers of State As for Bishops you may see that they are so stiled in respect that they are Barons howbeit D. Downam doth aledge that they are so stiled in regard of their spirituall office and jurisdiction The first respect is forbidden Luk. 22. 25. as wee have sayd before The second respect is as unlawfull for there are no Lords in the Church but one Christ who is Lord and King Their ambitious and arrogant precedencie in taking place before great Barons is another part of their pompe Their statelinesse and pompe is set forth also in their glorious palaces sumptuous buildings Their chambers doe shine with guilt their walles are hanged with cloth of Auris their cupboards are laden with plate their tables and diets are furnished with multitude and diversitie of dishes their dayly dinners are feasts They have 30. 40. 60. or moe every one of them of men waiting on them some before some behind whereof three parts of them set a part the carying of a dish unto the table have no honest or profitable calling to accupie themselves in two houres in the day to the filling of the Church and common wealth also with all kinde of disorders as Mr. Cartwright an eyewitnesse doth testifie Many Churches lye desolate for want of sufficient provisioes whose impropriations are appropried to bishops to maintaine their pompe and statelines and bestowed upon keeping great horses caroches and trains of men I need not to insist in this poynt it is so sensible to any man who hath but common sence In the Church by reason of their calling or of their function In their externall calling to the Bishopricke some things respect the Prince some things respect other Bishops The Prince before election may 1. nominate 2. grant facultie to choose After the election finished 1. yeeldeth his Royall assent 2. directeth his mandate to the Arch-bishop to confirme him and other two to consecrate 3. exacteth the oath of homage from the new bishop 4. Restoreth to him the possessions of the Bishoprick Such things as respect other Bishops respect either the Archbishop or him and others the Archbishop as him who is to confirme the election Him and two others as who are to consecrate him according to the direction of the book of orders When the bishops Sea is destitute the Deane and Chapter make intimation to the King of their want of a Bishop and humble supplication for licence to choose another The King by letters patents under his great seale granteth them licence and with the letters patents sendeth a missive commending the person who is to be chosen some man who hath waited long on the Court and promised to some courtier an annuitie out of his Bishopricke during life or some other gift After this election which is made after the Papisticall manner by Deane and Chapter and a superficiall manner or pro forma as Sir Francis Bacon now Lord Chaunlour sayd the Deane and Chapter do intimate their feigned processe of election to the King againe praying the King to yeeld his Royall assent to the Lord elected The King directeth his letter patents for warant to the Archbishop or some other whom hee shall appoynt to confirme and consecrate my Lord elect The consecration being finished and the bishop having done homage and sworne fealtie the Kings writ is directed out of the Chancerie to the Escheator to restore to him the temporalities of the Bishopricke And the Bishop may procure another writ out of the Chauncerie directed to his tenants commanding them to take him for their Lord. This order of proceeding is thus described by the authour of the Assertion for true Church policie Here are many imaginarie formes and mockage rather then sound dealing The libertie of election of Pastors if Diocesan bishops were true Pastors is taken from the Church and the Church deluded with a May-game Now as for his consecration howbeit the Scripture doth not teach us two distinct forms of ordination one called consecration proper to a Lord Bishop the other by the generall name of ordination peculiar to a minister yet wee will let you see the Rites of their consecration how all are taken out of the Popes Pontificall as may be gathered by conferring the book of Orders with the said Pontificall A table is prepared for the Masse-book and the pontifical so is here a table furnished with the service book and the book of orders There two bishops are present to assist the Consecrator ordained to have on the Rochet if not the Roâ—cheâ— a surplâ—ce Here all the Bishops that be present at the consicration of Bishâ—ps should wearâ— coapes and surplices having pastorall staves in their hands They retaine the surplice seldome the coape but they never use their pastorall staves sayth the Author of the petition to the Queen And yet they have a staffe to beat out a painfull minister out of the Church if he take not on a surplice But in the abridgement of the ministers of Lincolne it is sayd that in the former edition of the book of ordination which
doe it alwayes by himselfe Then are they brought to the bishop not by the minister but by a godfather and a godmother for they must have a godfather and godmother at confirmation as at baptisme The Curate of the parish needeth not to come but may send the childrens names in writing In the first prayer the bishop prayeth for the 7. gifts of the spirit which the Papists say they receiue in confirmation Then the bishop wil not lift up his hands and blesse them in common as the Priests in the old law did when they blessed a multitude or great number but they must be brought to him one by one that he may lay his hand on every childe severally For there is some efficacie say they in that signe For they say that imposition of hands is one of the externall meanes by the which the holy Ghost is given And howbeit that prayer have the chief force yet imposition of hands hath some also In baptisme we receive forgivenesse of sinnes but the principall grace we receiue in confirmation is say they strength and defence against all tentations to sinne and the assaults of the world The Papists and they make the like destinction betwixt baptisme and confirmation The Papists say the comforter promised by Christ to his Church was bestowed in the sacrament of confirmation The same prayer for the comforter use they The grace which is begun in baptisme they say is perâ—ected in confirmation as the Papist sayth as if when we were baptized we were but halfe Christians In the prayer after the laying on of hands it is 〈◊〉 that the laying on of the bishops hands is a signe whereby the childe is certified of Gods favour and gracious goodnesse toward them a child of seven or eight yeares of age If it bee a certifying signe is it not a seale of grace as the other sacraments are All that I have sayd may be seen in Hooker Hackwell and their service book None must receive the communion till he be thus bishoped and yet divers bishops do not use it Then by order of law these who are bishoped may refuse to take the communion In hallowing of Churches the Papists use crosses taper light burning of lamps oyle ashes and many ridiculous ceremonies but let it be so that their dedication is more simple then the Popish yet it is superstitious For to dedicate that is to dote and mortifie to such a use as to the congregation to covein in it is already done by the founders who were owners of the ground and builders of the Churches and the use is onely civill to defend the people convened from winde and weather or other incommodities which might impede them in the service of God A second dedication that is an hallowing of it after it is set apart before it can be employed to divine service as if divine service were prophaned unlesse it were hallowed is meere superstition Our Churches are not like the Temple of Ierusalem which had a legall kinde of holines and was a type and figure of Christ but like the Iewish Synagogues There is no more holinesse in our Churches which containe the congregation then in the glebe land which is dedicate and set a part to maintaine the minister but that it should be kept cleane and comely for the people which is to convene in it When the congregation is there at divine service which is but accidental and may be performed on a hillock then God indeed is present in the middest of them Out of this hallowing of churches hath proceeded superstitious customes and canons of immunitie of churches I heare they may not carry a vessell through one of their cathedrall Churches or a bagge under their arms without reproofe as if their great Domes were like the Temple of Ierusalem Mark 11. 16. The like may be sayd of Churchyards or other burying places for all burial places are of a like nature whether they be neere the Church or removed fare from it Their jurisdiction is either delegate of ordinarie Iurisdiction delegate sometime to the Bishop not as he is Bishop but as he is a citizen or subject as 1. if he be appointed a justice of peace 2. if he be upon the kings secret counsell 3. if he be sent Embassadour to any forraine Prince 4. if he have any other civil office of countenance committed to him Besides that some of them are Iustices of Peace and Quorum some Councellours some at sometimes Embassadours to forrain Princes some of them have been Deputies under the Presidents of Wales as Whitgift late Bishop of Canterburie some of them sit in the Starre chamber with the Chauncellour and others of the Councel together with other Lords and Barons upon notable riots counterfeiting of letters taking away of maids within age against their parents and Gardians will c. where the most usuall punishment is imprisonment the pâ—llory or a fine They sit also in the high Court of Parliament pretending themselves to be theâ— estate of the Realm as if the body and state of the common-wealth were not an entire and compleat body and state without the body and state of the Prelacie nor lawes could not be made without their consent But the vanity of this their pretence is taken away by the authour of the Assertion of Christian Church Policie who doth prove that lawes have been made without their consent yea and without their presence even since they have been admtited to sit in Parliament Their priviledge to sit in the Starre-chamber and to be Lords of the Parliament house some doe thinke was granted by King Henry 2. Camd â— thinketh that this honor was bestowed upon them by William the first and that it is in respect of their Baronies which they hold in knight service that they sit there It is no fundamentall law then of the kingdome farre lesse doth it agree with the law of God to give voyce and decide in criminal civil matters in whatsoever secular court Is there any doubt to be resolved out of the word they have ever had a convocation of the Clergie in time of Parliament with whom they have advised in matters of religion Are the Prelates for their riding in pompe to Westminster and sitting in their â—obes more able to give advice then the whole Clergie assembled in a lower house Or can they be more rice in their judgement sitting apart from them Or is it not enough to give advice unlesse they also vote and that in matters no way pertinent to their calling Or is the Church respected in their persons when they shall have no place but as Barons Or shall they vote in the name of of the Church not having commission but like the Nobles who have place in respect of their birth In the higher house the Iudges of the Realme the Master of the Rolles and the Secretarie of estate sit in the midst thereof upon wooll-sackes But these that sit on the wooll-sacks have no
voyce in the house but onely sit there to answer of their knowledge in the law when they be asked if any doubt arise among the Lords sayth Sir Tho. Smith in his common-wealth This place if any better becommeth them then to sit high each in his ranke over against the Dukes and Barons and to answer only of their knowledge in the law of God when they shall be required for any matter of Religion But this as I sayd may be better done in the convocation house In time of Poperie the Spirituall Lords might not sit in Parliament whensoever any statute was to be made touching felonie or treason or the losse of any member or shedding of bloud If they might haue been spared then at such times may they not be as well spared in matters of possessions and unheritances Our Prelats entred in parliament notwithstanding the cautions and conditions condiscended upon were never insert in the act of their admission upon which condition onely the generall assembly after great opposition made to the Churches vote in Parliament was induced for the most to consent To bee Lords in Parliament and Councell to governe countries to sit in the Starre-chamber to bee Iustices of peace and Quorum to goe in Embassage to forraine princes and to exerce other civill functions in the common-wealth as is here sayd is to exerce offices incompatible with their spirituall calling to beare rule and dominion among the nations to intangle themselves with the affaires of this life and to neglect that spirituall calling to which they were sanctified and set apart from the rest of the citizens and subjects of the kingdome It was said of old that the Psalter should never bee out of their hands They take the charge of a great Diocie more then they are able to compasse within the fadome of their armes and yet turne it over to their Vicars officialls Chauncellours Archdeacons Commissaries and take upon them offices which they confesse are not Episcopall but delegate onely by the Prince O what a confusion hath the pride and ambition of Clergie-men brought into the Church of God! In jurisdiction by ordinarie law attributed unto them in their owne Diocie is to be considered either the sinewes of exercising it or the jurisdiction it selfe The sinewes of exercising their jurisdiction are Ecclesiasticall censures which may either be inflâ—cted upon laymen and Ecclesiasticall persons or peculiarly upon Ecclesiasticall persons onely Of the first sort are 1. interdiction of divine service 2. admonition 3. suspension eiâ—her from entrance into the Church or from partaking of the sacraments 4. excommunication 5. the great curse Anathema against a pertinacious heretick Of the second sort are 1. sequestration of the fruits of a church 2. suspension either from office or office and benefice 3. deprivation 4. deposition that is either verbal by sentence or reall which is called degradation Of all which censures one to wit excommunication is inflicted for contumacie either for not compâ—iring in judgement or not obeying the mandates of the Church The rest are inflicted as well for contumacie as for other actuall offences By interdiction sayth Mucket a communaltie for some publick offence is deprived of divine service buriall administration and receiving of the sacraments Interdiction of a certaine place as of a citie or whole countrey for some publicke and common offences committed by them or the superiour Magistrates to whom they adhere whereby Churches are closed divine service is substracted c. The Bishop of Sâ—alato saâ—th it is an impious invention not known nor heard of in the Church for a thousand yeare and that it bred in Pope Hildebrands brain and concludeth after some reasoning â—on ergo legitima est sed spuria haec censâ—va ac 〈◊〉 abominanda quam Ecclesia pro sua 〈◊〉 ignosit Excommunication is distinguished by the Canonists in the lesser or greater excommunication The lesser sayth Mucket is suspension from intrance into the Churâ—h or onely from partaking of the sacrament which Cyprian calleth Abstentio and it is inflicted for contumaciâ— and other offences but chiefly for contumacie in not compeiring in Eâ—â—lesiasticall Courts or not obeying their ordonances D. Field saith that lesser excommunication excludeth onely from the sacraments which when it is pronounced against them that stubbornly stand out and will not yeeld themselves to the Churches direction or disposition is properly named excommunication but when it is pronounced against then that yeeld when they have offended and seeke the blessed remedies of the evils they have committed it is not so properly named excommunication but it is an act of the discipline of repentance This suspension from entrance in the Church is against all reason for even persons excommunicate should not be debarred from hearing of the word for the word is the meane and powerfull instrument whereby offenders are recalled The greater excommunication sayth Mucket is whereby the offender is not onely debarred from receiving the sacrament or entrie in the Ch. but also from the fellowship of the faithful Doctor Field describeth it thus The greater putteth the excommunicate from the Lords body and bloud and depriveth them of that comfort and strength of grace which from it they might receive it denieth unto them the benefite of the Churches publick prayers and so leaveth them to themselves as forlorn and miserable wretches without that assistance presenâ—â— and protection which from God she obtaineth for her obedient children The tearmes being thus unfolded we haue to consider in the use of this censure these special poynts First the lawes made under the pain of excommunication ipso facto For in time of Poperie there were two sorts of excommunication one inflicted by the law or Canon when a man committing the offence and fact inhibited by the law was made subject to excommunication without the ministerie and proceeding of a judge which was called also excommunicatio latae sententiae The sentence was not left to the judge to pronounce but was esteemed pronounced in the very law it selfe The other excommunication is inflicted by a judge after citation and cononicall forewarning wherin the sentence condemnatorie is pronounced by the judge The former leaveth nothing to the judge but the sentence declaratorie to declare that seeing he is gultie of such a crime hee is already excommunicated The Bishop of Spalato howbeit their great friend otherwise condemneth this kinde of excommunication as absurd and perceiveth in it magnum Papatus arcanuÌ„ latere cui et rudes imperiti Canonistae seu potius Decretistae spiritum robur addere sunt conanati For sayth hee Excommunicare etenim est actu aliquem ligare non potentia Non enim ligatur qui potest aut debet ligari sed qui reipsa ligatur How can a man as yet invisible indemonstrable unknowne to him that bindeth be bound This bond cannot bind without a binder and the presence or knowledge of him that is bound When such a Canon
was made there was a binder and a bond but none present or known to bee bound When the offence is committed there is one to be bound but where is the binder And yet in their latest Canons made in the first yeare of the Kings entry they have made excoÌ„munication ipso facto to be the sanction of many of their Canons excoÌ„municating ipso facto all such as shall affirme the forme of their Church service to be corrupt and superstitious the rites or ceremonies established by law to bee wicked Antichristian or superstitious the government of their Church by Archbishops Bishops Deanes Archdeacons c. to be Antichristian or repugnant to the word or that the forme and maner of making or consecrating their Bishops Priests and Deacons is not lawfull c. So that at this day the better sort both of the ministerie and professours amongst them do stand excommunicate by this Popish guise The next thing to be considered is the sole authoritie of bishops excommunicating by themselves alone or their Deputies Officials Chancellours Archdeacons the ministers and professors in whatsoever Church of their large Diocie When Christ sayd Tell the Church Math. 18. was this the meaning Tell my Lord Bishop or his Chauncellour the Archdeacon or his officiall Can this collective name Church by any shift be drawne to signifie one particular person Canterburies grace himselfe or the great Pope himselfe Is the Pope the universal Church or the Bishop the diocesan Church or his Chauncellour Christ maketh a graâ—ation from one to two at last to many The Apostle reproveth the Corinthians because they had not already excommunicated the incestuous person And do yee not judge them that are Within sayth the Apostle 1. Corinth 5. 12. In the second Epistle chap. 2. v. 10. hee declareth that they haâ— power to forgive and reconcile the same incestuous person And writing to the Thessalonians hee willeth them to note the man who obeyed or harkned not to his Epistle and to have no companie with him that he may be ashamed 2. Thessal 3. 14. Now there was no Bishop at all either at Corinth or Thessalonica as they themselves will grant farâ— lesse an usurping Prelate drawing all the power to himselfe It is one of the weightiest judgements in the Church and therefore not to bee permitted to the pleasure of one man It is not onely the Bishop thaâ— hath this power alone to excommunicate by himselfe or his Deputie but also the Deane Prebendaries and Canons in welnigh all the cathedrall and collegiat churches throughout the Realme having certain Parochiall churches exempted from the Bishop within their exempt and peculiar jurisdidictions by meere Pastorall authoritie for Episcopall authoritie by the lawes of the Church they haue none may exercise all manner of spirituall censures and that as wel by their substitutes as by themselves Nay iâ— hich is more in Cheshire Lancashire Yorksire Richmondshire and other Northern parts there bee many Whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have not onely the prohate of wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures yea this authority of the execution of Ecclesiatsticall censares have those Deanes either long since by some Papall priviledges obtained or else by long use prescribed agâ—inst the Bishops Whereby againe it is clearly convinced that Episcopall excommunication used in the Church of England is not of divine institution but onely by humane tradition for were it of divine right then could the same no more be prescribed or by papall immunitie be possâ—ssâ—d then could these Deanes prescribe power or be infranchised to breach the word or to administer the â—acraments Yee see Cathedrall Deanes Canons and Prebendaries in cathedrall and collegiat churches and some rurall Deanes may use the Ecclesiasticall censures But the Pastoâ—s of the Churches set over their flocks to govern rule with power of the keyes are deprived of the other half of their pastoral charge and the pastorall staffe as I have sayed is taken from thâ—m Thirdly they excommunicate for trifles The last petition which was made the first yeare of the Kings entry reporteth thae thâ—y excomunicate for trifles and twelvepennie matters If a man pay not the fees of their Courts he shall be excommunicate For the Chancellors Officials the Registers the rest of that rable must not want their unreasonable dues They doe not excommunicate in the congregation where the offender dwelleth but in their Courts in forme of a writ in Latine proclaimed in the Bishops or Archbishops name as Barrow reporteth and so also is their absolution The excommunication may perhaps he intimated a long tyme after in the congregation and the people warned to beware of the man who was excommunicate in their Court perhaps for a trifle The Admonition to the Parliament sayth that whereas the excommunicate were never received till they had publickly confessed their offence Now for paying the fees of the Court they shall by Mâ— Officiall or Chauncellour easily be absolved 5 The manner is that if the apparitor cannot persanally cite the person to be summoned he useth leave word at his house If he come not at the day he is forthwith excommunicate as the defender of thâ— last Petition â—oeth report 6. They transfâ—rre this power of excommunication to lay men their Chauncellours and officialls whereof we shall intreate in the owne place The curse Anathema some doe not distinguish from the great excommunication but onely in some solemnities because it is uttered with some externall signes and ceremonies to strike a greater terrour Others do distinguish it and Mucket defineth it to be that censure whereby a pernicious heretick as Gods publick enemie reiected cursed execrate is adjudged and given over unto eternall judgement and damnation This is answerable to that anathema which the Apostle calleth Maranatha or the Talmudists schamatha But such a censure cannot be inflicted unlesse it be revealed to the church that the offender hath sinned against the Holy ghost Besides the censures common to lay men and ecclesiasticall persons already meÌ„tioned there are these two reckoned by Mucket corporall pennance and deniall of buriall in sacred places Corporall pennance is inflicted upon the outward man For to the publick confession of the offence there is some bodily pennance adjoyned and enioyned the offender As for example to stand upon a Lords day bareheaded and barefooted cloathed with a white sheet having a white wand in his hand at the porch of the Kirck and when he entreth into the Kirck to prostrate himself to kisse the ground and then to come to the midst of the church crave forgivenes This manner is descrived by Mack Lindwood in his Provincial reckoneth for corporall pennances thrusting in a Monasterie imprisonment striping and the imprinting of a mark upon the person Many moe â—ere the popish pennances which turned into
shall require All â—auses testamentarie and their appendicles are impertinent for Episcopal audience or any Ecclâ—siasticall oâ—sistorie Bona caduca is taken in the lawes as when failing him to whom they belonged by law the goods fal to another as the akorn which falleth to the ground when there is none to take it up is called Caducâ— glans By law Ecclesiasticall and coâ—firmed by the Municipall as 1. to conferre benefices or to institute into a benefice at the presentation of others 2. to command the persons instituâ—ed to be inducted 2. to command the fruits of vacant benefiâ—es to bee gathered and kepâ— in suâ—e custodie by some indifferent man to the use of the next successor 4. to assigne a competent portion to a vicarâ— 5. To grant dimissorie or testimoniall letters 6. to visit every third yeare thâ— Diocie Oâ— institution collation induction we shall entreat in a fitter place As for the third the sequestration of the fruits of the vacant benefices the authour of the Assertion of the true Christian Church policie thus writeth By the interest where by the Bishop challengeth to be custos Eccl. siarum there happen as bad if not worse then these for there is no sooner a Church voyd but a post is sent in all haste with letters of sequestiction to sequester the fruits to the use of the next incumbent which next incumbent for the greater care taken to preserve the fruits to his use before hee can obteine to be put in reall possession must pay 10. shillings or a marke or more for these letters of sequestiation with as much more also for letters so called of relaxation besides 2 pence 3 pence or 4 pence a mise for pottage Somner â— And from hence as â— take it is the Patron very much 〈◊〉 For he being as appeareth by the Statute of 25 Edm. 3. Lord and Avower of the Benefice ought to have the custodie and possession thereof during vacancie The fourth should not be at the Bishops carving but it is no great matter what be modified to them seeing they are for the most part hirelings or blind guides As for the fift it is agreeable to good ordour that no Clergie man passing from one Diocesse to another should be admitted to take on any cure without letters of commendation and a Testimoniall of their honest life and conversation and sufficient qualification but that this should be in the Bishops power is against reason and therefore no wonder if many abuses and inconveniences arise upon their flight Passe-ports Visitation is needfull and it were better for the Church if it were annuall But that the Bishop or any other should be sole Visitor is hurtfull A number is more able to make a sharpe enquirie for moe eyes see better then one and would not be so foone drawen away with corrupt partialitie The chiefe part then of voluntarie jurisdiction is every three yeare to visit the Diocie and to enquire by the Church-wardens and Side-men of the excesses and defects either of the minister of the Church wardens themselves or the rest of the parishioners Or the Minister as he is Minister or as he is another sort of man As Minister either in respect of his publick function in committing or omitting what hee ought not or in respect of his private life for many things are tollerate in lay men which do not besâ—eme Ministers Or the Church-wardens themselves and that concerning their office either in the Kirk or temple or out of it Oâ— the rest of the Parishoners â—ither as having some peculiar function or any other Christians As having peculiar function Phisitians Chyrurgians Schoolemasters Mid-wives if they exercise their function not being approved or use â—â—rcerie or superstition keepers of hospitals when according to their foundation the Bishop is only appoynted visitor or no other Of the other Christians offending against pieâ—ie righteousnesse sobrietie Against pietie as by blasphemy against God or the holy scripture idolatry superstition sâ—rcerie if it be such as by civill lawes of the kingdom is either not at all corrected or by order and dirâ—ction of the lawes is made also subject to Ecclesiasticall censures Breach of oath called Laesio fidei made before an Ecclesiasticall Iudge or voluntarily to any private man Heresie error against the Articles of Religion set forth in a Nationall Synoâ— holden the yeare 1562. and confirmed by royall authoritie schâ—â—me unlawâ—ul conventicles absence from divine service in their own parish upon the Lords dayeâ— or other festivall dayes where there is not a lawfull impediment unlawfull abstinence from parâ—aking of the Lords Supper which is to be celebrated thrice every year Against justice calumnie contumely râ—proach anent any cause Ecclesiasticall Simoniacall suing for sacred orders or degrees or of a benefice Vsurie above the rate often in the hundred by yeare Temerarious administration of the goods of the deceased subornation of perjurie falshood or forgerie committed in any Ecclesiasticall action violence to a minister deâ—eining of that which was left in legacie to the use of the poore or of goods due to the publick uses of the Church dâ—â—apidation of Ecclesiasticall goods and buildings Against sobriety as incontiniencie whatsoever committed with one of his kindred or bloud or of alliance either of them within the 4. degree exclusive according to the computation of the civill law which is called incest or adulterie or committed with a widow which is called stuprium or where both bee single tearmed fornication fiâ—thy speech sollicitation of anothers chastitie drunkennesse clandestine mariages either in respect of consent of parents or tutors not obteined or of the private place or witnesses moe then two not being present or the bannes not proclaimed three several times upon the Lords dayes or holy dayes in lawfull distance In this table we have an enumeration of offences belonging to Ecclesiasticall cognisance but it is unsufficient For there are many moe then are here expressed as Theft Sacriledge Murther Prophanation of the Sabboth Sodomie disturbance of divine service Polygamie Diffamation c. as by opening of the 10. commandements may be drawn out to a great number which ought to be censured by the Church This partition wall of crimes made in the Canon Law to make some crimes temporall others spirituall hath made the crimes reputed Ecclesiasticall to bee neglected by the Magistrates and many crimes not reputed Ecclesiasticall on the other side to be neglected by the Church As Adulterie howbeit by Gods law it be capitall so ought to be also by the law of man is not made capitall by their lawes but referred to the Ecclesiasticall Courts as proper to them many sins of witchcraft and sorcerie likewise And on the other side a Theefe should not passe uncensured by the Church howbeit he be overseen by the Magistrate For the church ought to deale with every scandalous sinner to bring the sinner to repentance notwithstanding the Magistrate pardoÌ„ or neglect to punish Next they have the offences there
of conjunction and dissolution in the word the Church is to see that that order and these caveats bee observed which are contained in the word For it may fall out that both in binding up of marriage they may commit incest and in dissolving without a just cause may offend also It is the Churches duty to prevent and remove such offences But of other lawes civil and municipal they are not executors These lawes which are divine are of a mixt nature These which are civill belong onely to the civill Magistrate The Churches part is transferred to the cognisance of officials to whom it doth not belong And therfore Beza concerning this abuse writeth thus Sed quorsum hoc ad officiales promotores procuratores totam denique illam procorum colluviem quae Ecclesiam Dei iâ—mprideÌ„ devastat quorsum hoc ad illa non Ecclesiae tantuÌ„modo Christianae verumetiaÌ„ universi mundi de But what maketh this sayth he for officialls promoters Proctors and all that filth of swine which now a long time doth waste the Church of God What is this to these shamefull staines not onely of the Christian Church but also of the whole world Further beside the Churches part which is to take heed to offences and breach of Gods law they have taken the Canon law for the rule of their proceedings both in spousalls mariages and divorces And thirdly have taken in debts and dowries goods and chattels which are accessorie to marriage to judge upon and this must be called Ecclesiasticall cognisance Lastly these causes are of such weight that they are not to be committed to the skill or conscience of one base officiall It is observed by the author of the Assertion for Christian policie that mens inheritances many times hang in suspence upon question of lâ—gitimation or illegitimation of their children to be allowed or disallowed by the Canon law and that many Knights Esquires and Gentlemen doe complaine and bewaâ—le the stealing away and mariages of their daughters neeces neere kinswomen or wards Couples have been married and lived together 4 6 or moe yeares as man and wife and upon a new and sudden dislike and discontentment or upon a surmised precontract pretensedly proved by two suborned witnesses by vertue of the Canon law the husband was adiudged no husband the wife no wife Another example he relateth of one solemnly maried to a wife and after by reason of a precontract solemnly divorced from the same wife and compelled by censures of the Church to marry her for whom sentence of precontract was adjudged and yet authorized by the same consistorie about ten or twelve yeares after the divorce to resummon recall and rechallenge his first wife she having a testimoniall out of the same consistorie of her lawfull divorce and being againe solemnly maried to another husband Licences of mariage have been granted out of their Ecclesiasticall Court with a blanke So the partie licenced was enabled if it had been their pleasure to marry another mans wife or his wives sister Many moe grosse absurdities are there alledged by thâ— learned authour which the Reader will sâ—arce beleeve But I omit them and many other things which might be sayd anent the particulars set down in this Table Succesâ—â—on to the goods of the deceased is either or him who hath made his testamâ—nt or who hath died intestate The first 〈◊〉 her universall when the plea is for proving or improving the testament exhibited or particular when the suit is for to obtain a cerâ—ain legaâ—ie The sâ—cond is either properly when no testament is made or by way of inâ—estate as when there is none who will take upon them the burthen of executorie In either of the cases the action is either to obtaine the administration of the goods and that eitheâ— simply or with the later will annexed that it may be fulfilled or witâ— the tutorship and to the use of the Minâ—râ— or else the action is against him that ingyreth himselfe into the administration and intrometteth with the goods of the deceased not being inabled with any warrant Causes testamentarie and their appendicles are meere civill and temporall and therefore do not belong to spirituall Courts It is by the grant of Kings not by Ecclesiasticall right that Church consistories have medled with such causes Because Bishops were supposed to bee men of good conscience and that they would be carefull to see the later will of the deceased performed then others therefore they were reserved to Episcopal audience and cognisance of Ecclesiasticall Courts But this respect was not founded upon Gods word For we must not looke so much to conscience as to a lawfull calling or else all civill causes pleaded before a Iudge should be referred to Church-men because of their supposed good conscience And the truth is it is but supposed indeed For a Bishop or pastor that will medle in matters impertinent to his calling hath but a bad conscience Such a man will never make conscience of it more then another religious Christian. And what conscience they made of the matter may bee seene in that they transferred that which was committed to their trust to a base Officiall who hath as bad a conscience as the Bishop himselfe and badder if badder may be And as for skill in deciding such causes no man will deny but the civill judges are more able to cognosce and determine in them then Church-men By the common law sayth Lindwood these causes were not committed unto the Church but by the free grant of Princes And therefore in the lawes alledged by him approbation and insinuation of testaments are forbidden Clergiemen Et ratio redditur in juribus illis allegatis quia opprobrium est clericis si peritos ostendere velâ—â—t rerum for â—enseâ—â—â— May not matters of legacies and bequests of goods as well as of lands bee determined in remporall Courts Cannot the Iudges in temporal courts discerne upon proofes and other presumptions whether the testator was of perfect memorie or distracted as they doe in questions of lunacie madnesse or idiocie in men living Can they not define of two wills which is the first which is the later will whether the legacie remaine or bee recalled whether it bee pure or conditionall If a creditor may recouer his debt due by the testator in the teÌ„porall Court what should hinder a legatarie to recover his legacie in the same Court This poynt is made cleare and amplified in the Assertion of true and Christian Church policie To conclude then probates of wills committing of Administrations sequestrations of the goods of the intestate recovering of legacies taking up of inventaries c. belong not to a Church Consistorie and it is a very great abuse that such Consistories should be called Church consistories and that spirituall censures should bee put in execution by them Ecclesiasticall dues and rights are 1. tithes which are either Praediall Personall or Mixt. Praediall tithes are such as come of the
fruits and crop of the ground as of corne or fruits of trees Personall are such as are payed by reason of the person himselfe out of the gain that he maketh of this trading handicraft hunting warfaring c. The Mixt is added by sâ—me as a third kinde but others reduce them according to their diversitie to one of the first two and such are the birth of bestiall wooll milke whether they be fed at home or be at pasture in the field Tithes of whatsoever kinde are but temporall goods not spirituall howbeit they be annexed to spirituall things and be appoynâ—ed to uphold and maintaine divine service and spirituall functions Tithes were of old recovered in the Kings Court not in Ecclesiasticall as is averred in a treatise alledged by the author of the Apologie of proceedings in Courts Ecclesiasticall We think that the Kings Courts be put out of iuâ—â—sdiction for tythes by a custome of the Realme and not by the immediat power of the law of God And againe That suits for tithes shall be taken in the spirituall court is onely grounded upon a favour that the Kings of this realme and the whole realme have in times past borne to the Clergie That the kings Courts of his Bench and common pleas and also other inferior courts were put out of jurisdiction for tythes suits for tithes were granted to spirituall Courts was a favour it is true granted to the Clergie inabling them with power within themselves to recover tithes destinate to their maintenance but wee must not look so much to the commoditie wee may reape by the grants of Princes as whether Church consistories should medle with such controversies concerning things temporall This man owe me a cole that man a stiâ—k the third two stone of butter the fourth such a number of Saffron heads the fift so many sallow Trees such and such suits were verie pertinent for a Presbyterie to sit upon for the Presbyterie is the true and right Consistorie Now change this Consistorie as ye please and make the Bishop alone to be the Church consistorie it is all one For the causes themselves being temporall the qualitie of the person doth not alter the nature of the cause In the Assertion for true and Christian policie it is said That by a statute 32. Hen 8. c. 44. it is enacted That the Parsons and Curates of five Parish Chuâ—â—hes whereunto the Town of Royston did extend it selfe and every of them and the successors of every of them shall have their remedie by authoritâ— of that Act to sue demand aske and recover in the Kings Court of Chancerie the tithes of corne hay wooll lambe and Calfe subtracted or devyed to be payed by any person or persons Are the tythes of other Parishes more spirituall then these of Royston But admitting such pleas to be pertinent for a spirituall Court they should not be turned over to a Civilian the Bishops Officiall And what favour is granted to Church men by Princes when a Doctor of the Law shall determine in these pleas 2. Oblations due of custome either every quarter of the yeare or in baptismes or at blessing of mariages or at Churching of women or at burials 3 Mortuaries 4 Indemnities 5 Procuâ—aâ—ions 6 expences laid forth for the repairing of Ecclesiastical buildings decayed by the negligence of the Predecessour 7. Synodalls 8. wages and feel due for causes judiciall as to the Iudge the Advocate the Proctor the Clarke Or for causes out of judgement as to the Curate or Sexten A procuration is the furnishing of necessarie expenses for the Archbishop Bishop Archdeacon or any other having power to visit in respect of their visitations For howbeit the Bishops have great temporalities and possessions Ecclesiasticall that doth not content them but they must be sustained besides in their travelling They say they must have great riches because they have a great burthen and must not discharge their charge still in one place but through the whole Diocie And yet when they have gotten more then may suffice reasonable men they will not travell without a new pension and their expenses borne For no man is bound say they to goe on warfare on his owne cost And so with a new trick they got procurations annexed to their visitations as proper stipends due to visitors At the first the visitor and his retinue had their sustentation in victuals for the day which he visited the particular Church Afterward the procuration was rated to some value of money answerable respectively to the dignity of an Archbishop or Archdeacon for their retinue was prescribed in the Canons and Constitutions The Archdeacon was appointed to have onely to have 4. persons on horsebaâ—ke and one Sumner What think ye then shal be the retinue of the Bishop or Archbishop if this be moderate in the Archdeacon Farther whereas they ought not to have procurations except they visit every particular Church They will visit 30. or 40. churches in one day at one place and yet receive the diet in money of 30. or 40. churches or dayes They make commodity of their visitations otherwise also as ye have heard Synodals are another pension due to the Bishop by every Church in the Diocie for convocating Synods And yet their Synods are not worthy the name of Synods for the Diocesan Bishop is onely Lord and Iudge the rest are to bee judged rather then to partake in common with his power A Mortuarie is the second beast that the deceased person hath within the parish if hee have three or above the best being excepted and reserved to the iust owner If the three be of one kind or of divers the parish Priest must have the second and wherefore I pray you for recompensation of the personall tithes or offerings withholden while he lived yea howbeit ignorantly and unwittingly sayth Lindwood and to what end pro salute animae suae sayth Simon Langham Bishop of Canterburie in his Provinciall constitution For the safetie of the soule consisteth in remission of the sinn sayth Lindwood in his glosse upon that constitution which is not remitted sayth hee unlesse that which is withholden be restored These are the Mortuaries as yee see which are demandable in their spirituall courts Oblations should be free from compulsion and superstition not offered immediatly to God upon the Altar as sometimes they doe nor exacted under the colour of maintenance of the ministerie whereto the tithes are already bestowed to that use The rich parson yea the Bishop himselfe claimeth a right to these oblations as well as the poorest Priest To compell men to offer by the censures of their Courts is against the nature of a free offering The fees demandable in their Courts as due to the Iudge the Register the Advocates the Proctors are unreasonable Large fees are payd for the Iudges sentence for the Register and the proctors pains above the rate set down by their Canons as the defender of the last petition doth affirme
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
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
have found out a new trick which will not serve their turn The Civilian the Chauncellour or officiall when he is to excommunicate he hath a minister to assist him who pronounceth the sentence The defender of the last petition telleth us that the minister assistant to the Chauncellour who is for the most part of the meanest and simplest of the clergie is but a cyphar he doth nothing but his masters direction excommunicateth and absolveth at his pleasure The Minister is not judge here the sentence is set downe in writ to him in Latine which he must rehearse A memorable example we have in the Assertion for true and Christian church policie together with the Article made anent this matter Vniusquisâ— Vicarius generalis officialis ceu commissarius qui ordines Ecelesiasticos non susceperit c. Every Vicar general officiall or Commissarie which hath not taken upon him Ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authority from the Bishop in his jurisdiction or from the Archdea being a presb in his iurisdictioÌ„ shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie The example and practise of this precept followeth Dr. Hone the Archdeacon of Surrey his officiall being to excommunicate certaine persons had a silly Curat Mr. Rowland Allen to attend his service and to denounce the lesson which was written to him in paper to read Iohannes Hone legum Doctor officialis venerâ—bilis viri Domini Archidiaconi Surr. omnibus singulis Rectoribus c. salutem Cum nos rite legitime procedentes omnes singulos quorum nomina c. in non comparendo â—oram nobis c. ceu saltem in non satisfâ—ciendo mandatis nostris c. pronunciaverimus contuniaces ipsosque ex communicandos fore decreverimus Cumque â—iscretus vir Magister Roul Allen Presbyter 〈◊〉 omnes et singulos subscriptos ex officio nostro ex coÌ„municaverit in scriptis iustitia id exigente vobis igitur committimus c. quatenus eos omnes sicut prefertur ex officio nostro excommunicatos futsse eâ— esse palam denunciâ—tis Datum sub sigiâ—o officialitatis nostrae 19 die Decembris Anno Domini 1587. Iohn Hone Doctor of the lawes official of the venerable man the 〈◊〉 of Surrey to all and singular persons c. greeting Whereas wee otherwise rightly and lawfully proceeding all and singular whose names are 〈◊〉 in not appearing before us or at least 〈◊〉 in not satisfying of our mandates haue pronounced contuâ—ciâ—us and decreed them to be excommunicated And whereas also the discreet man Mr Rowland Allen Presbyter out of our office hath excommunicated 〈◊〉 and singular underwritten â—iâ—stice so requiring Wherefore we charge that openly you denounce and declare them and every of them so as aforesaid out of our office to be excommunicated Given under the seale of our officiality the 19 of December 1587. The poore curate sayth this authour jerked these whose pointes soever the other untied Now in this case it cannot be sayd that it was onely the poore Curate who 〈◊〉 excommunicate For he is but the hangman the other is the Iudge Poore Rowland Allen rehearsed the sentence by the prescript of Doctor Hone. Doctor Hone â—â—ted pronounced them contumaciously absent and upon the conâ—umacie decreed them to be excommunicated prescrived the lesson to poore Rowland Allen without which things the sentence should be a nullsentence D. Hone the Archdeacons officiall hath power to call and associate unto him and to prescribe Rowland Allen presbyter and another mans hireling Curate in Southwarke to excommunicate not onely the parochians of anothers Pastors charge but also any other Pastor whatsoever subiect to the Acchdeacons jurisdiction If it be lawfull at the voyce of a lay stranger that an hireling and stipendiarie Curate should chase another mans sheepe out of his owne fold how much more is it lawfull that a true shepherd should disciplinate his own sheepe feeding and couchanâ— within his owne pasture and within his own fold Ye see then whereto this alteration of discipline will turne in the end The censures of the Church as a matter of no worth or moment shall be put in the hands of base Officialls and blind Rowland Atlens An Oxe and an Asse shall plow together in the Lords field The Chauncellors Commissaries and Officialls have power to convent a minister before them and if hee compeir not first suspend and then excommunicate him as is evident by their latest Canons Thus shall the worthiest of our ministrie bee brought under bondage The Reader may see how unworthily the Archbishops Bishops and Archdeacons deale with the Church which not content themselves to use tyranny over it and to take upon them of their private authoritie which belongeth unto other with them have also brought it into bondage under their servants and servants servants I meane Chauncellours Commissaries c. sayth Mr. Cartwright The Commissarie court is but a little stinking ditch say the authors of the admonition to the Parliament In this Court one alone doth excommunicate one alone sitteth in judgement and when he will can draw back the iudgement which hee hath pronounced having called upon the name of God and that for money which is called the changing of penance In this Court for none payment of two pence a man shall be excommunicate if he appear not when he is sent for This Court pouleth parishes scourgeth the poore bedge-priests ladeth Churchwardens with manifest perjuries punisheth whooredome and adulterie with toyish censures remitteth without satisfying the congregation and that in secret 〈◊〉 giveth out dispensations for unlawfull marriages and committeth a thousand such â—ike abominaâ—â—â— where the Iudges Advocates and Proctors are for the most part papists And as for Scribes and Notaries as greediâ— as Cormorants If they all should perhaps see this writing they would bee as angry as Wasps and sting like 〈◊〉 Three of them would be enough to sting a man to death for why they are high Commissioners Againe who be their Chauncellours but most suspected Papists I heare not of one of them but he is a brâ—â—er Who be their Sumners but the veriest varlets What are the Canonists what are they but suspected Papists and where have they the most countenance but of the Bishops To be their chiefe doers and high Commissioners with them to wrâ—g their brethren if they bee Gods children and to â—et papists passe free or to bee punished lightly How are matters dealt with in their Courts but all for Mistres Money What a charge are they to the Clergie and what a summe have they yearly that might be saved and it is no small matter that maintaineth their Courts Again It would grieve a chast eare to heare the bawdie pleading of many Proctors and Doctors in those Courts and the Sumners yea and Registers themselves Mr. Archdeacon and Mr.
generall and officiall principall part that betwixt them To what use then serveth the cathedrall Deane and his Canons or prebendaries c. but to wear copes and caps tippets and hoods rochets surplices to pipe on organs to sing curiously to read gospels and epistles according to their severall offices and in their severall turnes and courses In the 24 canon of the last constitutions when the communion is to be celebrated upon principal feast dayes if the bishop himself be not present then the Dean is to administer the communion with a cope And notwithstanding of all this the Deane must sit in some chiefe place of the Church with his velvet cushion before him and cloth of estate and be brought to his place with a silver Mace before him CHAP. 7. The calling and function of English Priests and Deacons THE name of Priest to signifie a minister of the Gospell is usuall with them even in their latest Canons Howbeit it seemeth to bee derived from the Greek word Presbyter yet seeing it hath been used to signifie a sacrificing Priest such as the Masse-priest was thought to be and is still retained in their latest translations of the Bible to signifie a sacrificing Priest their pretext of the originall of the name is frivolous for either they should translate the Leviticall Priest sacrirficer if they would retaine the proper signification of the word priest or else abstaine from or alter the name of Priest seing they may have choyce of names The Ecclesiasticall persons in the Parish Church are the minister and Deacon In the minister are to bee considered his externall calling and his publicke function His externall calling is either to the order and degree or to the benefice and place of the ministerie The externall calling to the order and degree is seene either in things preceeding the ordination or in the ordination it selfe In things going before the ordination as 1. publick intimation made by the Bishop in the most famous places of the Diocie of the day of ordinations 2. Letters testimoniall to the Bishop ordainer from men of good credit and religion as well of the conversation of him who is to be ordained as of his birth that that he is not a bastard or bond-man 3. the examination of him who is to be ordained either of his education whether hee were brought up in a common Schoole or in an Academie or of his progresse in humane literature or theologie in which is to be considered either the proficiencie it selfe to be tried by the Bishop himselfe or the Archdeacon or some other appoynted for him or else the degree which hee hath taken on in the Schooles The ordination it selfe consisteth in prayers for him who is to be ordained 2. in exhortations to him and 3. in imposition of hands You may see that they make the calling to the ministerie and the calling to the place two divers actions distinguished in time whereas none ought to be admitted to the ministry but when and where there is a place voyd The Apostles ordained not ministers to rove abroad through a whole province but appointed them towne by towne Tit. 1. 5. Act. 14. 23. The Councell of Chalcedon decreed that no presbyter should bee ordered loosely that is unlesse as it is there added it bee in some congregation or citie The word Apoleâ—ymenoâ—s they interpret without a title but then by a title they meane not a particular charge but some possession or living to be maintained by But who will ever admit sayth Mr. Calvin that the title which the Councell requireth is a yearly revenue to maintaine himselfe with In the latest canons this Popish interpretation is approved where are set downe the titles of such as are to be made ministers If he be provided to a place in some cathedrall or collegiate Church or if he be a Fellow or in the right of a fellow or if he be to be a conduct or Chaplain in some colledge in Cambridge or Oxford or if he be a Master of Arts of five yeares standing that liveth of his owne charge in either of the universities or if by the Bishop himselfe that doth ordaine him he be shortly after to bee admitted to some benefice or curatship then voyd is he sayd to have a title howbeit hee have not as yet a particular flocke which was not the meaning of the councell of Chalcedon farre lesse the meaning of the holy Ghost in the scripture They have made 60. 80. or 100. at a clapp and sent them abroad into the countrey like masterlesse men say the authours of the admonition to the Parliament And againe When they have made them either they may tarry in their colledge and lead the lives of loytering losels as long as they live or else gad abroad with the Bishops Bulls like to Circumcellions to preach in other mens charges where they list or else get benefices by friendship or money or flatterie where they can catch them or to conclude if all these faile that they may goe up and downe like beggars and fall to many follies or else as many have done set up bills at Pauls or at the Royall Exchange and such like publike places to see if they can heare of some good masters to entertaine them into service In the late Canons foresayd the Bishop is ordained to maintaine him in all things necessarie who hath not one of these titles till he preferre him to some Ecclesiasticall living which is but one of the rotten Canons of the Canon law If this were kept 3. or 4. Bishops in this realme would have kept such houses as never any did in this land as is sayd in the foresayd admonition Their order in making Priests is this First they must be Deacons before they be made Priests for so they interpret the words of the Apostle 1. Tim. 3. 13. they that have ministred in the office of a Deacon wel purchâ—se unto themselves a good degree that is say they a step to the ministerie The Apostle sayth not that they who doe the office of a Deacon well shall get a good degree or standing but that in so doing they get themselves a good degree that is authoritie and estimation in the church and consequently great boldnesse in the faith For a man may have gifts sufficient for a Deaconship and yet never have gifts sufficient for the ministerie But admitting the office of the Deacon were a step to the ministerie that hee who is a Deacon may be a Minister it followeth not that there is not accesse to the Ministery but by this step of the Deaconship And therfore not to admit a man to the ministerie â—nlesse hee first take upon him the office of a Deacon is a naâ—ghâ—ie device It was decreed in their latâ—st Canons that no Bishop should make any person of what qualities or gifts soever a Deacon and a Minister both together upon one day Not that alwayes every Deacon should be kept from the
Ministerie a whole yeare when the Bishop shall finde good cause to the contrary but that there being now foure times appointed everie yeare for the ordination of Deacons and Ministers there may be ever some time of triall of their behaviour in the office of a Deacon before they be admitted to the order of Priesthood Yet they are not so nice but this order may be dispensed with and that one may take on both the orders upon one day as Mucket doth record When the time of giving orders draweth neere the Bishops Bull is set up upon the Church doore to give warning that if any be minded to receive orders let them repair to the Bishop at such time and place This is sayth Mr. Cartwright like the sound of a trumpet to gather an Armie But the Bill which is set up upon the Church doore is in latine so that the people cannot understand the sound of the trumpet This Bill doth not desire the people to come object against the persons to be ordained And suppose that were the end it wer but a deluding of the people for either they have a Priest or Curat already and then they have not need to object or else the place is voyd but they know not against whom to object for amongst 40 50 or 100. perhaps they know not who is the man that is appoynted for them The Bishop and the patron out of the whole number wil choose afterward when and whom they thinke meete And howbeit there were not one voyd Church in all the Diocie but incumbents in every one of them yet the Bishop will give orders And againe if none of them have ever been conversant in these vacant parts how can they stand up and object against them The day of giving orders being published which is ordinarily upon the Lords dayes after the Ember weekes then there is repaire to the citie or village where the Bishop is to give orders He that can purchase the letters commendatory of some nobleman or knight shall come best speed Then is he to be tried by the Archdeacon who is but a Deacon onely in respect of his Archdeaconrie Howbeit sometimes the Archdeacon be also a Priest beside that it is a confounding of distinct offices it is not by vertue of his Priesthood but of his Deaconship that he trieeth the persons who are to be ordained They are tried by some questioning but as the Archdeacon pleaseth Their pastorall gifts of utterance doctrine and exhortation are not tried either by the Archdeacon or any particular church may these gifts are not needfull in an English priest for a bare reader is sufficient to bee an English minister The Archdeacon is sometime in one part of the countrey and the bishop in another The Bishop making ministers at Exceter and his Archdeacon at Oxenford or the Bishop making ministers at Leichfield and his Archdeacon at Durham When the day of ordination is come after an exhortation made the communion celebrated the Epistle and Gospel read and the hymne Veni creator sung or sayd the Archdeacon presents to the Bishop all those who are to take on the order of Priesthood that day with these words Reverend father in Christ I present to you the persons here present to be admitted to the order of Priesthood Then after some demands and answeres of the Bishop and the other who is to be admitted he demandeth of the people who are present there where he giveth orders if they know any impediment which may hinder any of these present to bee admitted to the order of priesthood which is a manifest mockage For it may be that none there present ever heard or saw any of them or all of them before that day But these words import that ordinations of old were performed before the congregation whereunto he was to bee appoynted Thereafter the oath of the Kings supremacie is taken then againe after an exhortation follow other demands an answers After that the people who are present are desired secretly to commend the businesse to God for which cause they are all silent for a little space After that the Bishop readeth a prayer which being finished they who are to be ordained sitting on their knees at the Bishops feet the Bishop and the rest of the Priests who are present lay hands severally upon the heads of every one of them the Bishop uttering these words Receive the holy Ghost whose sinnes thou doest forgive they are forgiven and whose sinnes thou doest retaine they are retained and be thou a faithfull dispenser of the word of God and of his holy sacraments In the name of the Father and of the Sonne and of the Holy Ghost Amen Hee commandeth the ordained to receive the holy Ghost as our Lord and master did when hee breathed on his Disciples bestowing in very deed the gifts of the spirit when hee breathed upon them Ordinary pastors cannot conâ—erre the gifts of the spirit whether breathing as Christ did or by laying on of hands as the Apostles did They may as well imitate Christs breathing as they may usurpe these words Whether the ordained receiveth the holy Ghost or not let the world judge Calvin sayth of the Popish Priests ex equis fieri asinos ex fatuis phre neticos quicunque in sacerdotes consecrantur Is any of their Curats after the pronouncing of these words either the holier or more apt to teach and yet beside this blasphemie they will the ordained to dispense the word of God who cannot divide and cut it aright Where it is sayd whose sinnes yee forgive shall be forgiven c. a power to reteine and forgive is given them separate from the preaching of the word as in the Roman Church an infinite number of Priests cannot preach yet all have power to absolve from sins So may the blind English Curates Sicklike it is a mockage â—hen after that the bishop delivereth to each of them the Bible in his hand saying Take thou authoritie to preach the word of God and to minister the holy sacraments in the congregation where â—hou shalâ— be appointed He should rather have put the service-book in his hand For either they are ignorant and cannot preach yea not tried in that facultie or if they can they may not till they get a licence of the Bish and whether they shal be appointed to any congregation or not they are uncertaine because it dependeth upon the pâ—trons pleasure So that if either the forethinking himselfe like the shop better then the Church or if the Patron will keepe the docâ—e shut against such insufficient men which the Bishop opened so wide or as somtime falleth out they cannot agree of their market it commeth to passe that he is made a minister which either cannot or will not not onely not fulfill but not so much as lay hand of that Ministerie whereunto hee was appoynted sayth Mr. Cartwright When all this is done the companie convened sing the Creed and they goe
to the communion which all they that receive orders take together and remaine in the same place where the hands were layd on them untill such time as they have received the communion The celebration of the supper went before in the beginning of the action as is enioyned in the book of ordering Bishops Priests and Deacons but they communicate not till the end of the action The first celebration then was nothing but a consecration as they call it of the bread and wine without the pertaking of the communicants all the rest of the action must intervene before they partake for to what end els is there made twice mention of the communion So the first is like the offering of a sacrifice the last is liker to the supper Is not this great coÌ„fusion betwixt the first and second part of that holy action to intermingle another action yea as some say another sacrament confounding two sacraments together Their Letanies and Collects for brevities sake I passe by The external calling to the benefice or certaine place of the ministerie is either to a parsonage or a vicarage In each of them is to be considered 1. nomination either when the right of presentation is in another person nor his who doth nominate as somtime it falleth out or when the right both to nominate present belongeth to him 2. The Bish. triall of his gifts qualification whether he be capable or not of such a Benefice 3. Admission either to the title it selfe as when the Bishop doth institute at the presentation of another which is called Institution or when the Bishop himselfe who doth institute hath the right of patronage which is called Collation or else admission is to the possession it selfe by inducting which is either done by the Archdeacon himselfe or by his deputie After they have thus received their order of Priesthood and are ordeined at large in nubibus they pay for their letters of Orders for their admission to their Ministerie must not be free of fees and runne abroad through the whole Diocesse where they please preaching any where if they have gotten after their Ordination another licence to preach For they must not preach by vertue of their order of Priesthood in the intendment of the Prelates but must have the Bishops warrant to that end They are put in remembrance at their ordination in the Bishops interrogatories exhortations in the Gospels and Epistles and at the deliverie of the Bible in their hand of the dutie of preaching and teaching But that is onely for a fashion for they read of the booke these Gospels Epistles Exhortations which were used of old and are reteined still in the booke rather to be a monument of that which hath been then for their right use and end For in the Romane Church when the Masse Priest is to receive orders by the Epistles and Gospels c. he is put in remembrance that he must blesse governe preach baptize 〈…〉 doctrine should be spirituall medicine to the people of God that the Church of God is to be edified both by preaching and good example These are peeces of the ancient order which was in the Church lying still in their corrupt pontificals to be rehearsed in the forme of a service But when they come to the action it self wherin the order of Priesthood is actually conferred at the laying on of hands there are no such speeches used So in the English much is said of preaching and teaching before they come to the laying on of hands but then there is a generall word used Be thou a faithfull dispenser of the word of God not mening to dispens by preaching for they know that many of them cannot teach but to dispense it as it is divided set in order to be read sung in the service book Or else they mock God his word and his Church after the old Popish manner not intending the right dispensing of the word by preaching When he is to be set in a certain place he seeketh the Patrons favour or maketh some simonicall paction with him as we have alreadie heard out of Brightman and a little before out of M. Cartwright The Patron presenteth the man whom he thinketh fittest for his own humour and the Bishop doth try his gifts and qualification Heere the liberty of election is taken from the Congregation and given to the Patron and the Bishop That the Patron should be some way acknowledged for his liberalitie toward the Church we doe not gainesay Therfore jus utile that is if he be redacted to poore estate that he be relieved with the rents of the Church and jus honorisicum right to a fear in the Church and jus onerosum to have a care that the rents be not dilapidate as also to be gardian and keeper of the rents of the Church during vacancie or what other thing else not savouring of superstition or ostentation wee grant unto them but the right of presentation of Clerkes to the pastorall office we cannot grant The Church may not resigne this liberty of election in the hands of another man but is ever bound to retaine in her own hands the freedome to choose the fittest person to have charge of their soules This liberty of Election was acknowledged to be so equitable grounded upon the principles of nature that there should be more Clerkes then one tryed when a Church was vacant where this order might be had that in the Councell of Trent some others also chosen by the Synode beside the Bishop were ordeined to examine and chose the fittest of those who offered themselves or were offered to a tryall and this is called examen per concursum But in our neighbour Church they have no such constitution The Bishop himselfe tryeth or appointeth whom he pleaseth none is depute by a Synode to joyne with him And where the Bishop himselfe is Patron of a benefice he maketh not nor yet receiveth any offer of a leite of many that the worthiest may be chosen but the Church is under the same bondage whether the Bishops or Lay-men be Patrons Now what is this examination of the Bishop surely very superficiall and imaginarie The request of any in authoritie is able to obtain the Bishops institution suppose he be unsufficient And indeed there is no extreme suite the doore is not so hard locked sayth Mr. Cartwright there needeth but the lifting up of the latch And in another place he sayth that many say that for a dish of fruit of the golden griffe they lease out and make all manner of marchandise of the Lord Orchâ—rds that he which hath no gift in the heart yet if he have a gift in the band need no other key to open the Church doore and enter into a benefice He that came to the Bishop of Winchester to serve in his Diocesse borne at Norwich and made a Minister at Peterborow knew not how many Sacraments there were and requested a dayes respite
to answer the Bishop what the office of a Deacon was may be one for example to let us see what manner of men may receive orders amonst them Have not the Bishops chosen sent and commended unto us saith the Authour of true and Christian Church-policie such as know not a Bee from a Battle-dore or the Lords prayer from the Articles of faith of which sort of Ministers the Parson of Haskam now living a Chaplaine in Winton Diocesse may be produced for a witnesse omni exceptione maior It is related there that this Parson at the instant request of a Knight was demanded by the Bishop which was the first petition of the Lords prayer after he had a pretie space pawsed and gased towards heaven at length made this answere I beleeve in God the Father Almightie c. This profound Clerk howbeit hee could not obtaine the institution at that time yet afterward sayth this Authour by corruption of the same Bishops Chancellour he was instituted in the same benefice and to this day possesseth it quietly though he can hardly read English to the understanding of his people I could informe him also of many other such Clerkes â—â—siant and beneficed in that Diocesse c. That which the Bishop could not doe at the first by reason of the Knights opposition he did afterward at his Chancellours desire Lest any man should thinke that there hath been but a few of these examples let us heare what Mr. Cartwright sayth I am well assured that all theâ— Ecclesiastical stories extant are not able to furnish 〈◊〉 of so many unworthy ministers chosen by al the churches throughout the world which have been since the Apostles times as have swarmed these few yeares out of the palaces as out of the Trojan horse of that small number of Bishops which are in England Of the other side if a man will cast his eyes to France both in persecution and peace and from thence looke into the Churches of some parts of Savoy and yet stretch them out further to some certaine common-wealths in Germanie and come home to our neighbours the Scots and compare generally the ministers chosen of the Churches with the most part of these which the Bishops make if he love not himself too much and be not a stubborne defender of that hee hath undertaken he shall be compelled to confesse as much difference betwixt the one and the other as between gold and copper or any other refuse mettall The people which are fed are to the people which are unfed with preaching like an handfull to an house-full or an inch to an ell sayth the author of the Assertion for true Ch. policie These are the fruits of the Patrones presentation and the Bishops sole election institution or collation The person duely chosen and lawfully ordained should have testimoniall under the hands of the Presâ—yterie and chiefe of the people to certifie that he is duely and lawfully chosen and ordained that is that he hath the just title to the temporalities and in place of the Archdeacon the kings officiaris appointed to that effect being certified by this testimonial may by another writ confirme and really induct into the possession of manse and glebe other possessions So the Archdeacons pretie signet should give place to the kings great seal sayth the authour of the Assertion For as the order doth stand there falleth out many contentions and suits in law sometime betweene the Patron and the Bishop sometime between two Clerkes presented by two Patrons sometime between the Clerke presented and the Bishop the Clerke calling the Bishop by a double quarrell before the Archbishop or the judges of the court of audience for not granting institution sometime between the Clerke instituted and the Archdeacon not executing the Bishops inductorie mandate because the Church is not vacant and betwixt him who pretendeth the title and the reall incumbent whereupon doe fall out many foule riots breaches of the kings peace and unlawfull assemblies upon entries and keeping of possessions What a great hinderance the patrones power to present is to the planting of churches with a learned and faithfull ministerie not onely the Church of God in former ages but also our owne since the reformation in a part can beare witnesse This is the difference betwixt us and them in this poynt that they defend this right of the Patrone which taketh away libertie of Election wee craved a reformation of it and were more carefull to try and sift the person presented yet this is the inconvenience that seldome it fell out that the worthiest were nominated where patrons had a right to present You see then what wayes a man commeth to the ministerie and a benefice First hee must receive orders and pay well for them For it can not be denied but the Bishops Secretarie Gentleman Vsher groome of his chamber Butler Pantler Porter and other the Bishops menials besides his own and his Registers fees and his Clerke for expedition doe usually all or most of them challenge and receive fees some more some lesse before the poore minister with his boxe of orders can be suffered to passe by the porters lodge When all this is done what crooked meanâ—s he must use before he come to the possession of a benefice ye have heard also and how the Congregation is all this time neglected This cannot be denyed that there is not any one man or woman amongst 40. in any one parish among 40. that can tell that ever he or she did see or heare of the Minister appointed and sent by the ordinarie to be Parson or Vicar of the Parish Church vacant before such time as he did heare or see the Parish Clearke to trudge with the Church-dore keyes to let in the Sâ—xtin to ring the bells for the said Parson or Vicars induction and reall possession The publicke furction of the minister is either in preaching or in the rest of his administration In Preaching either with licence granted him for that part after the Bishops approbation and that either to his own flock or without to Clergie or people or without licence â—bâ—eined to that effect as if being master of Arts or in any superiour degree he preach to his owne flocke without licence We see then that the giving of orders is not a giving of power to preach for then every one who receiveth orders may preach without any further licence as well as a Master of Arts who is nâ—w come from Cambridge from his Rhetoricks and Physicks This licence granted to some and not to all yea not to the most part declareth that they doe not esteeme preaching any essentiall part of the Priests function more then the Papists doe and the practise among the one and the other is just the same For none of their Priests do preach but such as are licentiate The author of the Petition to the Queene sayth Where the Bishops ordeine one minister that can teach
they make twenty that cannot teach and so idle shepheards are set up in the roome of true Pastors They that can teach are bound hand and foot till they get a licence But sithence Christ bad his Priests preach who should forbid them preaching said Wickleffe in the exposition of his Conclusions exhibited to the Bishops When they have gotten licence either they loyter or if they preach their preaching is hedged in with penalties injunctions caveats canons advertisements that they may not deliver the whole counsell of God or else they play the part of prophane Orators with affected eloquence or make the people laugh with merry tales as the Authour of the Admonition to the Parliament doth relate To conclude then a bare Reader of the service booke in English is sufficient to be an English priest In the rest of his administration according to the prescript either of the Q. Injunctions so that they be not repugnant to the lawes or of the Liturgie set forth by publique authoritie This Liturgie maintaineth a Reading Ministerie for it requireth nothing necessarily to bee done by the Minister which a child of ten yeare old cannot doe as well and as lawfully as that man wherewith the booke contenteth it selfe Preaching is but accidentall and accessorie without the which their office doth and may consist And indeed boyes and senselesse Asses are our common Ministers for the most part for common reason may serve the turn and do this feat well enough It is indeed lesse busie then the Popish Priests service because the Kalender and the Rutricks of the book are fewer and plainer then his Portuise and Pic were So that lesse Clerkes then 〈◊〉 priâ—sts which had but some blind Latine in their belly may serve for our store say the Authours of the Admonition to the Parliament The administration according to the prescript of the booke of Liturgie doth concerne either the Bishop or the Church or the Minister himselfe The Bishop to wit in confirmation of children The Church either in certaine rites as bowing the knee or in certaine answeres Of Bishopping we have entreated before The Congregations part standeth in some rites and gestures or in some answers Now the people sit now they stand up When the old Testament is read or the lessons they make no reverence but when the Gospell commeth then they all stand up they thinke that to be of greatest authoritie and are ignorant that the Scriptures come from one Spirit They make curtesie when Iesus is named either in Sermon lesson or otherwise uncovering their heads and making a leg with such scraping on the ground that the Minister or Reader cannot be heard for a space thereafter And yet saith the Author of the Petition to the Qu. The Bishops and their Chaplaines seldome use this unlesse it be at reading of the Gospell as if the Gospell were more holy then the rest of the Scripture especially they forget it when lustily and bravely they sweare by the name of Iesus The name of Iesus is more reverenced then the name of Saviour which is of the same signification or other titles of Christ as when he is named Messias Christ Mediator the Son of God c. or when God is named as if the Apostle had meant Philip. 2. that every knee should bow at the naming of Iesus when as he onely saith At the name of Iesus that is every creature shall bee made to acknowledge his power and authoritie which is his name as the word is often taken in the scripture It is not the sound of syllables but his divine power that is meant Then again for answers the people are appointed at divers prayers to rehearse word for word after the minister whereby an opinion is ingendred in their minds that other prayers do not so much pertaine to them as those which they utter with their own mouthes As the minister is the mouth of God from God to the people so should he be the mouth of the people from the people to God Sometime the minister saith one part and the people another And in sundry parts of the Letanie the people make the prayer and the minister onely directs them what to pray for At the communion one of the people is allowed to make the generall confession in the name of the whole congregation At some prayers they are enjoyned to kneele devoutly and not at others In the administration which doth concerne the Minister himselfe or to be considered either the substance of the booke it self or certaine directories As for the substance of the book it is taken out of the Popes portuis with some rubricks and glosses of their own framing The same matter which is conteined in the English is also contained in their service book with some little addition The same forme is also observed with a small alteration wheras our forme of service should be as different as may be from the Popish And for length it is so wearisome that many times it shutteth out Preaching viz. when Baptisme the Communion Marying Churching and Buryal conâ—urre together as often they doe in great Congregations as it is said in the Abridgement of Lincolne Ministers Divine service in the Apostolicall Church was not spent in reading prayers Psalmes Epistles Gospels c. but for the most part in doctrine and exhortation When the Congregation assembled their Pastor was with them and he spent not the time in reading lessons prayers collects c. but uttered some word of exhortation and doctrine upon the parcell of Scripture which was read as was the custome also in the Sinagogues And suppose it had bene omitted at any time in the Sinâ—gogue we reade not of any such lame Liturgie in the Christian Church in the dayes of the Apostles nor in many ages following till blindnesse ignorance and lazinesse made the chiefe part of divine service to be omitted and a prescript forme to be made for 〈◊〉 and ignorant Priests For shal we beleeve that as long as Pastors were able to teach and exhort that they posted over a number of prayers and lessons c. and no farther No The bels of Aaron should give a sound as often as the Lords Priest entreth into the Sanctuarie Or doe they thinke that their Pastor was abroad at his pleasures when the flock was at their pasturage as devine service and some other reading minister serving them The Apostolicke Church and purer Antiquitie knew no such minister Out of the lessons or Psalmes which were read the minister took the argument and ground of his sermon beginning after this or the like manner Ye have heard brethren the booke of c. read The booke is read wherein it is prophecied We heare brethren when the Gospell was read the Lord saying that c. The directories are contained either in the Kalender or the Rubricks In the Kalender to direct the minister in such things as belong either to the minister himselfe or to the
communicate also as was the custome in time of blindnesse where every holy action behoved to have a Masse and so that action which should be common to the whole Congregation who are members of one body is made private and particular to a few howbeit in a publique place Then againe they have their forbidden times to marie in yea moe then the Papists have at least so many as have embraced the decrees of the Councel of Trent from Advent to the Epiphanie from Septuagesima sunday to the octaves of Easter from the Rogation weeke to the octaves of Pentecost amounting in all to the third part of the yeare as if marriage which is called honourable did prophane these holy times The councell of Trent hath dispensed with the Pentecost and the second they beginne at Ashwednesday Now notwithstanding of these forbiddeÌ„ times they may get a dispensation for some money and then it shall be lawfull enough and these holy times shall receive no pollution for mony hath a great vertue with it 2. Thankesgiving after childbirth This is commonly called the Churching of women Iâ— standeth more in Psalmes suffrages and collects wherein help is craved at God not notwithstanding he take upon him authority to 〈◊〉 from sins Then there is a Psasme and 〈◊〉 prayers read The silly curat can give no more comfort then the few set words which he must read can minister to the departing soul. If the 〈◊〉 person can get some to communicatâ—â—â— with him 〈…〉 as being ashamed to looke-up for some folly committed When she commeth to the church shee must kneele downe high unto the place where the table standeth that is nigh unto the Quire dore as the Rubrick in 2. Edward beareth as the women did who after the dayes of their purification were ended were appointed to bring their offering to the dore of the Tabernacle Levit. 12. 6. unto the Priest who shall make attonement for them Then the Priest readeth over her the 121. Psal. and assureth her that the Sun shall not burnâ— her by day nor the Moone by night Is not this a very pertinent Psalme for the purpose The Lords prayer being sayd and some versicles and answeres and then another prayer she doth offer her accustomed offrings and if there be a communion she receiveth the communion Call this churching a thankes-giving yet what reason is there of publick thanksgiving in the Church more for deliverance after childbirth which is ordinarie then from drowning or other extraordinary dangers or diseases and of womeÌ„ more then of men were not that the imitation of the Iewish purification is the Mysterie of it And so was this service intituled in the booke 2 Edw. The order of the purification of women as is reported in the Survey This superstitious service is not voluntarie but enjoyned When they come to the grave while the corpâ— is made ready to be laid into the earth they sing or say againe another parcell of Scripture out of Iob then while the earth is cast upon the body by some standing by the Priest again saith something and confidently affirmeth that God hath taken his soule and is of assured hope 〈…〉 3. The visiâ—a and comfort of the sick The Priest entering into the sickmans house sayth peace be in this house and to all that dwel in it When he commeth to the sickmans presence he kneeleth downe and prayeth his prescript lines for forgivenes of sinnes with two kyrie eleesons and one Christe eleeson the Lords prayer and some other versicles and responsories when as yet he hath not spoken a word to the diseased or understood whether hee bee sleeping or waking After the exhortation read which he may break if need be and the Creed rehearsed he desireth him to make his will and also declare his debts what he oweth and what is owing him Thereafter he moveth him to liberalitie Then shall the sick person make a speciall confession if he feele his conscience troubled with any weightie matter after which confession the priest shall absolve him When he absolveth he sayth By his that is oâ—r L. I. Christ authoritie committed to me I absolve thee from all thy sinnes in the name of the father and of the son and of the H. Ghost Amen He absolveth like a judge as the Popish Priest doth giving out a definitive sentence and absolutel doth forgiue not by way of deolaration This absolution is seuered from the preaching of the word For the dumb Gurat cannot preacâ— in thansgiving This help is to live and walkâ— faithfully in their vocation as if they were made uncleane by their childbirth to enterprise any thing Shee will not stirre out of the house suppose she were never so strong till the compleate time be expired that is a month commonly When she commeth forth she is muffled 〈…〉 him the communion If others may not conveniently come neere him yet the minister and he alone may communicate together and for shortnesse of time they have but one collect pistle and Gospell Thus are the people nourished in an opinion of the necessitie of the sacrament and the action which should be publick and solemne as the institution beareth and the practise of the Apostolicall Church declareth is made private administred peculiarly in a corner as if there were no other meane to eat the flesh and drink the bloud of Christ of that grace were tied to the externall signes 4. The Buriall of the dead They have a threefold peale enjoyned in their latest canons When any is passing out of this life a 〈◊〉 is to be tolled after the parties death a short peal is rung another before the buriall another after the buriall When the time of the funerals draweth neere the Priest the clearks make them ready The Priest putteth on his surplice and then commeth to the Church stile to meet the corps Then the Priest shall say or the Priest and cleark shall sing and so go either to the Church or towards the grave The words which are sayd or read alowd by the Priest or sung by the Priest and clearkes are 2 or 3 small sentences of scripture For any part of scripture is sung by theÌ„ as well as Psalms in their services and the Bishops haue punished women for not being churched sayth the authour of the petition to the Queen Some are churched at home by the Priest and therby saith the Surveyer They confirme women either in pride if they be able to goe to church and will not or in superstition if being not well recovered they yet must needs be chur 〈…〉 of his resurrection to 〈…〉 againe is said or sung a sentence out of the Revelation after the lesson two Kyrie eleesons with one Christe eleeson betwixt them after that the Lords prayer then the Priest prayeth that God might histen his kingdome that we with our brother and all other departed in the true faith of thy holy name may have our perfect consummation and
signification that they weare them The white colour of the Surplice signifieth angelicall puritie for the Angels appeared in white So are they painted with wings to signifie their readinesse to do their office But significant garments belong to the priests of the Leviticall tibe and not to the ministers of the new testament It is beside a lying signe of that purenesse which is not nor cannot be in sinfull men In the angels it might have represented as well their glory as their purenesse from sin The Surplice was esteemed so holy in time of poparie that no priest might say service nor doe so much as make holy water without it And among themselves the Surplice is well known to be esteemed by many people in all the parts of the land so holy â— thing as that they will not receive the sacrament from any but such as weare it as is sayd in the abridgement of the ministers of Lincolne By what reason the Surplice and cope are retained by the same reason the rest of the Masse-priests and Bishops vestiments may be reduced The ministers of the Gospell should not bee made conforme in fashions let be in mysteries and significations to Popish Priests not weare their badges either in or out of the ministration of divine service It is to be observed that in time of preaching he is not urged to weare a Surplice as 〈…〉 of service belike because preaching is no â—ecessarie part of his function as is the saying and singing of service or else why should he not use these apish and significant garments at the one as well as at the other In their 17. Canon students in colledges are ordained to weare Sarplices in charches St chappels upon all Son layes holidayes and their Eâ—â—es The originall of this is observed in the abridgement fore saâ— to be this It is enioyned to all that are admitted to the very lowest degree of their clergie which they call primam tonsuram And this was it which brought that custome into the universities that every student should at certaine times weare the Surplice in divine service because they did in their matriculation receive this primam tonsuram and first entrie into the clergie I may may not insist upon this poynt nor the rest that follow being forced to end within this sheet In the Deacon is likewise to be considered his externall calling and function His externall calling is either to the order and degree and that in every respect as in the minister except in some things or to the benefice altogether as in the minister His function is 1. to have an over-sight of the poore 2. to assist the minister in celebration of the supper 3 to blesse them who are to be maried 4. to burie the dead 5. to baptise and preach if he be called thereunto In the book of ordering Priests and Deacons the Deacons office is sayd to consist chiefly in assisting the Priest in divine service specially in celebration of the Supper and distribution of the sacrament in reading Scripture and Homilies in instructing children in the articles of the faith in baptising of infants in the preaching of the word if the Bishop thinke him fit and in inquiring into the state of the poore and the sick and intimating the same to the minister After imposition of hands the Bishop delivereth him in his hand the new testament saying Take thou authoritie to read the Gospell in the Church of God and to preach the same if thou bee thereto ordinarily commanded Hee needeth not a new calling to the ministerie and therby be inabled but remaining still a Deacon he may by the Bishops warrrant and licence be authorised to preach The Apostles instituted Deacons to an other end then to preach and severed them from preaching because one person could not conveniently be a minister of the word and a minister of Tables yet they will confound them For so they found them confounded in time of popery and it pleaseth them to retaine them so and not to distinguish the functions as the Apostles did Why are they permitted to baptize more then to celebrate the supper Is the one sacrament of greater excellencie then the other May the one bee ministred by any Church officer who may not minister the other When the Apostle 1. Tim. 3. descriveth the office of a Deacon requireth he either abilitie to teach or power to baptize What in effect may their Deacon not do that the priest doth except the ministration of the communion What can be the reason of this exception but that in this ministration there was somewhat esteemed in time of poperie proper to a priest to wit the offering of a sacrifice The Deacon then is not halfe a minister but almost a whole and he may preach with licence or at command of his ordinarie as well as the Priest What need I to insist upon such grosse absurdities CHAP. 8. Of the administration of Lay-men THE laymen having some administration have it either in a cathedral or collegiat church or else in a parish church c. In the cathedral church laymen having administration are the receivers of the rents Bailiffs takers up of accounts overseers and measurers of land stewards of courts and liberties overseers of the fabrick of the temple of the saâ—ctuarie of the bibliotheke where the book of Homilies and service-book lye vergerers bellmen singing men and boyes Many idle and chargeable officers are fed in these dennes to uphold the pompe of a cathedrall church and that to the great detriment of other churches In the Parish church they have not a Senat of Elders to joyne with the Pastor for governing the same but two or three Churchwardens to see the Kirke be watertight and furnished with all the ornaments and utensils to provide for the booke of common prayer and Homilies and the elements for the communion upon the expenses of the parish to keep a Register of the christnings weddings burialls together with the Priest to intimate any contribution which is to be made for some publick work and lastly to be the Bishop and Archdeacons spie to delate or present offenders howbeit for the most part they bee perjured and offences are winked at and suffered to passe without correction No wonder seeing the discipline is taken out of â—he hands of the right officers and put in the hands of Officials Commissaries and Chancellors to whom these perjured Church-wardens are made officers and servants The possessions are either publicke or private c. Heere are reckoned for the possessions belonging to the Church bookes vestiments the ornamentsand implements of the Kirk the Kirk it selfe houses mannours woods forrests parkes ponds fountaines rivers medowes pasturage ground arable ground Baron courts Hundreds and Lathis Tithes oblations obuentions pensions for indemnitâ—e procurations Synodals fees immunities liberties priviledges c. It were â—edious to insist upon the use of every one of them in particular They are either superfluous and excessive or