Selected quad for the lemma: church_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
church_n	day_n	lord_n	sabbath_n	19,256	5	10.0267	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60393	A catalogve of superstitons innovations in the change of services and ceremonies, of presumptuous irregularities, and transgressions, against the Articles of Religion, Act of Parliament for uniformity, canons, advertisements, injunctions, and homilies and lastly, of sundry perjurious violations of the locall statutes of Durham Cathedrall church, which the dean and presendaries, and all other members of the said church, took their corporall oaths, to observe, and obey, at their admittance and installation, according to that in the 13. Chap. De admissione Canonicorum ... / opposed by Peter Smart ...	Smart, Peter, 1569-1652?	1642 (1642)	Wing S4013; ESTC R560	24,629	36

or Bishops Tables and Eucharists In the after times the Fathers presumed to take a greater liberty of speech but they never meant to defend such popish sacriledge as is the having of Priests Sacrifices and Altars And because ages more degenerating did set as it were a Byas upon the phrases Priests Sacrifices Altar which had been used by the Fathers improperly to draw them to a proper signification flat contrary to their first Institution therefore did Protestants wish That those ancient Fathers had rather contained themselves within their more ancient bounds than that their liberty of speech should have occasioned in Romanists that prodigall error in Doctrine Thus much saith Doctor Morton 9. They notoriously offended in removing the Font so often from the ancient usuall place where heretofore it stood contrary to the advertisement The Font shall not be removed and the 81 Canon The Font shall stand in the ancient usuall place 10. They offended highly in adoring the Altar falsly so called for when it is gorgeously adorned with brave and rich Furniture and set up on high at top of the Quire or Chancell removed from the base and prophane multitude as they account them and carrying a greater Majesty than it had being a plain Communion Table standing in the Body of the Church then they bowed down to it and worshipped it more than ever the papists did making it thereby an execrable Idoll they bow down I say their bodies before the same Altar and towards no other thing or place in the Church as if it were the most holy thing the Church of God hath as Doctor Duncomb blasphemously writeth in his Determination holyer than the Bible it self to which none make legs or bow their bodies 11. They have offended in contradicting the Church of England and endamaging our reformed Religion in not defacing nor abolishing monuments of Idolatry but repairing adorning beautifying and multiplying them more than ever they were in time of popery contrary to the 23 Injunction in which charge is given for the abolishing of things superstitious That Candlesticks Pictures Paintings and all manner of Monuments of Idolatry be taken away utterly extinct and destroyed So that there remain no memory of the same in Walls Windows or elsewhere Item In the Articles of the first yeer of the Queens visitation 1559. The second Article enquireth whether Candlesticks Images Pictures and other Monuments of Idolatry and Superstition be abolished Hereby it appeareth that the intention of the Church of England was at the reformation thereof from Popish Superstition and Idolatry that Massing Copes and other Altar Cloaths embroydered with Images That Candlesticks Tapers Crosses Crucifixes c. being once ejected must not be brought in again and set upon the Communion Table or in Windows above the Table as is done in Durham and other Churches adjoyning 12. They offended in rejecting the Homilies and Injunctions and consequently the doctrine of the Church of England because they condemn Images Altars and other superfluous ornaments The Homily of the place and time of prayer hath these words of a woman saying to her neighbour at the first reformation of Churches in England Alas alas what shall we now do at Church since all the Saints are taken away seeing all the goodly fights we were wont to have are gone seeing we cannot have the like piping and chanting and playing on the Organs that we had before But dearly beloved saith the Homily we ought greatly to rejoyce and give God thanks that our Churches are delivered from all these things which displeased God so sore but now those abominations which were taken away at Durham are restored again with great advantage 13. They offended in calling their superstitious Trinkets Ornaments of the Church which our Church disalloweth and condemneth as being disgracements of Religion and abominations in the Church of God Thus saith the Homily against the perill of Idolatry and Superstitious decking of Churches The Lords holy Name ought to be called upon by publike prayer and thanksgiving his holy Sacraments ought duly and reverently to be administred not gaudily flauntingly theatrically histriorically due reverence is stirred up in the hearts of the godly by the confideration of those true ornaments of the house of God and not by any outward Ceremonies or costly and glorious deckings of the said House or Temple of the Lord as Saint Bernard saith Orantium in se retorquent aspectum impediunt affectum Such glorious spectacles draw away from God the minde of them that pray and they hinder holy affections or meditations Praetendunt ornatum saith Heming●us in his Enchiridion speaking of Images Si illi ornat●● adjunctum sit ullu● periculum sit maledictus They pretend that they are set up for Ornaments but cu●sed be such Ornaments to which the perill of Idolatry is joyned And again Spiritus Sanctus saith Ezekiel Chr. 20. Vocat Idola abominationes oculorum sed puluis ciuis ea vocat ornamenta oculorum The holy Ghost calls Images the abhomination of the eyes but man that is but dust and ashes calls them the ornaments of the eyes and then he concludeth Verus ornatus Templorum utilis Deo gratus est concio cantio oratio communio non haec quae vel impediunt vol vitiant The true Ornaments of the Church profitable to men and acceptable to God is the preaching of Gods Word the singing of Psalms the administration of the Sacraments and Prayer and not such things as do hinder and defile the same 14. They have offended against their Mother the Church of England in taking away the ten Commandments where they placed their Altar for having cast out the decent Communion Table at the same time they sent away into the Countrey the Decalogue fairly written in golden Letters contrary to the expresse words of the 82. Canon and practise of all our Churches The ten Commandments shall be set upon the East end of every Church or Chapell where the people may best see and read the same So they were placed in Durham Cathedrall very fairly written and hanging upon the Wall till the Lords Table was taken away and a brave sumptuous Altar daily adored by all sorts of people specially Priests and Clerks with bowing down their bodies before it Till I say a glorious high Altar was erected with Crucifixes and other Images of Saints and Angels even of the Trinity it self Which Idols as the Church of England calls them in her Homilies could not endure the presence of Gods second Commandment which forbids Images and Idolatry and much more reason had they to remove the Decalogue out of their sight since the fourth Commandment also was by them abrogated which commandeth the observation of the Sabbath Remember that thou keep holy the Sabbath day the seventh day is the Sabbath of the Lord thy God in it thou shalt do no manner of work At the end of the fourth Commandment our Church enjoyneth the people to kneel down and say Lord

have mercy upon us and incline our hearts to keep this Law What Law The Law for observing the Christian Sabbath which word Doctor Linsell said My stomack riseth when I hear Sabbath call it no more Sabbath And Bishop Neal said at his visitation in Durham I see no reason but that the Festivall day of a Saint may be preferred before Sunday what is Sunday 15. They have ridiculously and superstitiously offended in the use of Copes and other superstitious Vestments falsely called Copes at unlawfull times and places And they continued even till this time 1642. in the same abuse being admonished and taught the truth they will not amend nor acknowledge their errour The 24. Canon saith thus in all Cathedrall and Colligiat Churches the holy Communion shall be administred by the Bishop or a Prebendary the principall Minister using a decent Cope and being assisted by the Epistoler and Gospeller agreeably according to the advertisements published Anno 7. Eliz. The advertisements made by Commissioners authorized under the great Seal of England saith thus At the administration of the holy Communion in Cathedrall and Collegiat Churches the principall Minister shall use a Cope with the Epistoler and Gospeller agreeably and at all other prayers at the Communion Table to use no Copes but Surplesses The 45. Canon saith the same When there is no Communion it shall be sufficient to wear Surplesses By this it is manifest That the Copes must be decent and they must never be used save only at the administration of the holy Communion But Durham Innovators did say their second Service daily when there was no Communion at their Altar and after every Sermon one of the Priests did put on a Cope to say two or three Prayers at the Altar not suffering the Minister to dismisse the Congregation with blessing of Gods peace as was wont to be done in Durham and all other Cathedralls of England till very lately some new fangled Deans and ignorant Canons absurdly have imitated Durhams fooleries 16. They offended in using and justifying him that used a Cope in the Pulpit a Hood being appointed and sitting in his Stall in a Cope at time of divine Service and Sermon at which times Hoods are alwayes commanded to be worn by Graduates which are never put on with Copes and Copes are alwayes forbidden save only at the administration of the holy Communion This was done in Durham contrary to the example of all Churches either popish or Reformed contrary also to the expresse words of the Canon and Injunctions In the 25 Canon thus we reade In the time of Divine Service in all Cathedrall and Collegiate Churches Deans and Prebendaries being Graduates shall dayly at the times of Prayers and Preachings wear with their Surplices such hoods as are agreeable to their Degrees The Advertisement saith the same Item That the Dean and Prebendaries wear a Surplice with a Silk Hood in the Quire and when they preach in the Cathedrall or Collegiate Church to wear their Hoods Master Burg●yn the first setter up of Altars and introducer of other popish Ceremonies in that Countrey having taken three Degrees in Cambridge offended thrice in wearing a Cope without his Hood without which Hood he preached twice and once sate in his stall in a Cope when he preached not as if he had been some Sir John lack-latine or simple petty-Canon 17. They offended both in using sumptuous Copes glittering with Images and among the rest of the blessed Trinity God the Father in the likenesse of an old man God the Son in the likenesse of a younger man the holy Ghost in the similitude of a Dove wrought upon red Velvet with Gold Silver and Pearl one of which was taken from a Masse-priest As also in using scurvie py-bald curtal'd and ridiculous Vestments falsly called Copes being indeed very fools coats at the Communion Table and that dayly at the Administration of the holy Communion whereas by the aforesaid 24 Canon a decent Cope is onely commanded and by the Latine Canon all Vestments defiled with superstition are forbidden in the latine Canon de officio Decani thus we are taught Nullus ex ordine Ecclesiastico quocunque nomine censeatur utetur ulla veste superstitione contaminata No Ecclesiasticall person by what name soever he be called shall use the gray Amice as they call it or any other Vesture defiled with like superstition 18 They have wickedly transgressed against the 49. Injunction in abusing the laudible Science of Musicke every day and every Service without understanding of the people and edification The 49. Injunction willeth and commandeth the laudible Science of Musick be so preserved that the same in any part of Service he not so abused in the Church that thereby the Common Prayer should be the worse understood of the hearers That there be a modest and distinct song so used in all parts of the Common Praiers in the Church that the same may be as plainly understood as if it were read without singing And although one Hymne of more exquisite Musick in the beginning or end of Common Prayers may be sung yet respect must be had that the sentence of the Hymne may be understood and perceived Notwithstanding this Injunction our Durhamers have been so eager upon piping and singing that in stead of the Morning Prayer at 6. of the clock which was wont to be read distinctly and plainly for Schollers and Artificers before they begin their work they brought in a solemne Service with singing and Organs Sackbuts and Cornets little whereof could be understood of the people neither would they suffer the Sacrament to be administred without a continuall noise of Musick both instrumentall and vocal to the great disturbance of those holy actions 19 They offended in multiplying unlawfull Anthemes and disallowing lawfull Psalms-singing by the whole Congregation before and after Sermons according to the custome of all Cathedrall and Collegiate Churches and of Durham it self before Doctor Cosins and other of Bishop Neals Chaplains became Cannons of that Church which unlawfull forbidding of Psalms to be sung in a vulgar tune according to the custome of all other Churches they have continued to this present yeer 1642. 20 They offended in singing the Nicene Creed not after the manner of distinct reading as the aforesaid Injunction commands and as that which is called the Apostles Creed is sung yet forcing the people with brawling in the time of Divine Service to stand up upon their feet all the time that it is sung though they understand nothing neither can they perceive whether it be a prayer or a Creed contrary to the Rubrick and Injunction and 18 Cannon which injoyneth the people to stand up when the Apostles Creed is said saying with the Minister in an audible voice which none can do when the Nicene Creed is sung by the whole Quire with all their musical instruments 21 They offended in taking pipers and singers for assistants at the Administration of the holy

walls windowes copes c. 12. They reject the Homilies because they disallow Images Altars and other Superstitious Ornaments with Organs and chanting without understanding I defend the Homilies and the Doctrine of the Church of England taught in them 13 They terme their Images and other Superstitious trinkets Ornaments of the Church but I with the Homilies St. Bernard and Hemingius say they are disgracements of religion and impediments of pietie they are abominations in the sight of God and godly men 14 They taking libertie to themselves to set up Altars and Images and to abolish the Sabbath day the name whereof they cannot endure to heare have taken away the ten Commandements quite out of Durham Cathedrall because the 2. forbiddeth Images the 4. enjoyneth the observation of a Sabbath this they have done contrarie to the expresse words of 84. Cannon 15 They have used Copes and other superstitious Vestments falsly called Copes at their Altar when there was no Communion and after every Sermon to say Prayers in Copes contrary to the expresse words of the Advertisement and the 24 25. Can. 16. They have Preached and justified him that Preached in the Pulpit and sate in his stall wearing a Cope and not a Hood contrary to the Advertisement and the 25 Cannon and they did Article against me and censured me at Yorke for blaming in Mr. Burgain of Durham this notorious irregularitie but him they excused they never call'd him in question 17 They used in Durham and still they use not decent but sumptuous Copes embroidered with Images and they have used py-bald curtaild ridiculous Vestmēts even at the administration of the holy Communion contrary to the 24. and the latine Canon de officio Decani which command decent Copes to be used never but at the Communion they forbid all Vestments superstitione contaminatas defiled with Superstition that is such as have Images on them or have bin used at Masse In these 7. points concerning the abolishing of the Monuments ●f Idolatry defacing of Images rejecting the Doctrine of the Church of England in the Book of Homilies against excessive cost upon Organs Altars Idols which falsly they call Ornaments of the Church being indeed pollutions of Religion and abominations In taking out of the Church the Decalogue because the 2. Commandement forbids the bowing down to Images and the 4. commandeth the keeping holy the Sabbath In using Copes at the Altar when there is no Communion and those not decent but either rascall Robe● very fooles coats or exceeding sumptuous glittering with Images in preaching in a Cope sitting in a Stall in a Cope to heare Service when Copes are forbidden and Hoods injoyned In all these 7. judge O Bishop or High Commissioner who is faulty who transgresseth the Laws and Orders of the Church which of us is conformable to the Church of England who deserves punishment and who should be rewarded I have observed all these Laws and Canons yet I have been punished with all rigour and extremitie my persecutors of Durham and York having broken all Laws of the Church have never been call'd in question some of them have been advanced to high dignities and preferments Is this Prelaticall Iustice is this Episcepall government surely the judges of hell Minos and Radamanthus would never pronounce so injust sentences 18 The 49 Injunction commandeth that Musicke be not abused in the Church that the Common Prayer should be worse understood That there should be modest and distinct singing to the intent all may be understood plainly and the sense perceived But Durhamers have used excessive Musicke both Instrumentall and vocall even at 6 a clock Prayer in the morning used to be read plainly and the administration of Sacraments wherby those holy actions have been greatly disturbed 19 The preface to the Communion Book commandeth Anthems to be cut off and Psalmes are allowed to be sung before and after Sermons But our Innovators of Durham have forbidden all singing of Psalmes till this last yeare 1641. from 1629. all which time no Psalme hath bin sung in Durham Church 20 The Nicene Creed hath been sung not after the manner of distinct reading that the people might understand and the people have bin compelled with fighting and brawling to stand on their feet though they could not repeat the same Creed in an audible voice as the 18. Canon appoints 21. They tooke for Assistants at the Communion the whole quire men and Children which communicated not contrarie to the custome and practise of all Cathedrall Churches 22 They chaunted or approved him that did sit in his stall to sing prick song which both custom and Law forbids Preachers and Praebends to doe but they would not suffer Psalmes to be sung that all the Congregation might sing with them 23 24 They took the Morning Prayer at 6 of the clocke quite away for two years together a most impudent Innovation contrary to all the Cathedralls of England and in this they violated many Lawes and Injunctions especially the Injunction made by Commissioners under the great Seale of England prime Eliz. for the Church of Durham and in so doing they incurd the terrible crime of perjury because that morning-prayer was established by Law and custome which all took their othes that they would observe 25. They confounded and turned all forenoone services upside downe by saying the whole ordinary service with Psalmes and Chapters read at six of the clocke in the morning and saying a new found second service without either Chapters or Psalmes betweene ten and eleven the usuall time in all Churches for the ordinary service to be said 26. They removed the ordinary service a whole twelve Mo●eth together from Ten of clocke to eight and all that time they had three forenoon services afterwards they placed the ordinary and most solemne service both Sundayes and working dayes in the roome of morning prayer at six a clocke and they called the people thereunto by the ringing of six bells to which not three persons usually resorted in Winter time especially 27. They did not observe the time place order and fashion of rights and ceremonies as the 14. Canon prescribes without adding or diminishing any thing in matter or forme 28. They said evening prayer in the accustomed place alwayes but the Altar at the East end of the Quire where they said their second service is no accustome d place for any service but it is an Innovation in Durham begun by Bishop Neals Chaplains 29 They made Chancels within Chancels contrary to the Rubrick which saith chancels shall remaine as they were in times past a strange Innovation 30 The Act of Parliament commands all Churches to be Vniforme but Durham Cathedrall was agreeable to none in their forenoone Services 31 No rite order forme or manner of saying Mattens may be used in Cathedrall or Parish Churches then what is appointed in the Booke of Common Prayer and if any Person compell by deeds or threatnings to say Prayers in any other manner let him be Indicted Mr. Cosin and his Associates have transgressed against this claus of the act for uniformity oftentimes notoriously 32 They suffer not the Preacher to dismisse the Congregation but the Sermon being done he comes downe from the Pulpit and another goeth to the Communion Table and having said 2 or 3 Prayers he saith the Peace of God and the People depart which is grounded upon a Rubricke misunderstood 33 They have spoken and Preached against the Religion established terming the Reformation of our Church a deformation and the Reformers ignorant Calvinisticall Bishops 34 They tooke upon them to make new Orders for the observation of unlawfull Services and Ceremonies for which they are Excommunicated And they have given to the Bishops transcendent Authoritie in ordering Church matters which notwithstanding is limited by the locall Statutes of Durham Church and by the Cannons his Office is to Preach and not to hinder Preaching c. 35 They make Gloria Patri a fourth Creed and therefore they injoyn the Ceremonie of standing which is a Prayer and a part of the Letany at which all must kneele 36 They lighted on Candlemas Day more then 200 waxe Candles when none were needfull the day being lengthened 2 houres the 2 of February being equall to the 18. of October St. Lukes on which Day no Church lighted Candles 37 They constantly observe that unlawfull Ceremonie of turning faces to the East not allowed by the Church and some when they officiate at the Communion Table looke toward the East turning their backs to the People after the manner of Masse Priests In these 20. from 17 to 37. mine Adversaries of Durham have offended they have violated above 40. Orders Cannons Injunctions Rubrickes not onely in Ceremonies but in the most substantiall parts of Gods Service and Sacraments yet which of them was ever punished convented or Questioned before a Bishop or other Ecclesiasticall judge for so great and so many presumptuous irregularities and Innovations which have ●●●●throwne the whole frame of our Church Discipline and Gouernment I that to my knowledge have Transgressed in nothing I that oftentimes offered the Comissioners Bishop Harsnet and his Colleagues which censured me so cruelly that if they would shew me my error and in what I offended against the Church of ENGLAND in Doctrine or Ceremonie I would amend and make satisfaction But it is great Tyranny and Div●llish oppression to kill a true Man unlesse he will betray Truth and renounce his Religion O ye Bishops and other Spirituall Iudges how terrible have you been in destroying painfull Preachers for not observing the Crosse in Baptisme and other trifling Ceremonies But these monstrous Hell hounds of Durham and Yorke those Popish Hereticall ●●rminian Schismaticall Innovators and most pernitious corruptors of Religion amongst us you let them scape nay some of you have abetted and assisted them unpersecuting me and others living peaceably amongst you you help these Enemies of God to afflict and vexe me you honour and reward Wolves and make them strong to worry Christs Sheepe and Lambs Psal 94. O Lord God to whom Vengeance belongeth thon GOD to whom Vengeance belongeth shew thy selfe Arise thou Iudge of the World and reward the proud after their deservings and so forth to the 6 Verse FINIS

if there be no Sermon the meaning of the Rubrick is plain and the practise of all our Churches expound it when there is no Communion if there be no Sermon preached in the pulpit the Curate being no preaching Minister shall read an Homily or Exhortation which Homily is termed a Sermon not preached in the pulpit on any text of Scripture but read as the rest of the Service by the Curate with no conceived prayer or Psalms sung before or after the Homily and then the Curate when the Homily is done must proceed as the Rubrick directs him to declare to the people whether there be any holidayes the week following and he must exhort them to remember the poore saying one or more of these sentences Now in what Cathedrall Church doth any Curate after Sermon warne holidayes or fasting dayes or read any sentence to exhort the people to make any collection for the poore But every Preacher in a Cathedrall Church goeth up to the pulpit taketh a text of Scripture hath a Psalme sung and maketh a prayer before the Sermon Which Sermon being done concludeth with a prayer he sitteth down in the pulpit till the Psalme be ended and then standing up he dismisseth the congregation with the blessing of Gods peace Thus the Reformers of the Church understood their own Rubrick and this hath been the practise of all Churches of England till lately fantasticall Innovators in Durham changed and corrupted the whole form and fashion of our Church Service and other Churches ignorantly and superstitiously have lately begun to imitate Durham in the same ridiculous Innovations 33 They have offended in preaching and defending them that did preach against the religion established impudently traducing vilifying and disgracing the grave and learned reformers of our Church as Doctor Cosin did in his Sermon of the Parable of the Tares That the Reformers of our Church when they took away the M●sse they marr'd all religion and the service of God they called it a reformation but it was indeed a deformation and Doctor Linsell said that the Reformers of our Church were ignorant Calvinisticall Bishops contrary to the advertisement no person shall preach any matter tending to dissention or to the derogation of the religion and doctrine received 34. They offended in altering orders established and ceremonies prescribed and taking upon them to make new orders for the observation of unlawfull sermons ceremonies without the Kings authority under the Great Seale of England for which presumption they are excommunicated though they pretend the Bishops authority to whom they give transcendent authority which is notwithstanding limited by the locall statutes of Durham Church and by the Cannons both old and new his office is assigned to preach and to see that the Church Service and Sacraments be rightly administred as is prescribed in the Common Prayer he may not hinder preaching by preferring petty ceremonies and solemne services with piping and singing before Sermons nor corrupt with unlawfull orders and new rites both Service and Sacraments according to the first Latin Canon 1571. 35 They offended in making Gloria Patri a Creed and making the people to stand when it is said it being no Creed but a prayer At which they are enjoyned to kneele as likewise forcing the people to stand when the Nicene Creed was sung and to kneele when some prayer is sung Though the people could not understand whether they were prayers or Creed The seventh Article of religion D● tribus Symbolis acknowledgeth but three Creeds to be said in Churches viz. the Nicene Creed the Creed of Athanasius and the Apostles Creed Innovators in Durham have added a fourth Creed Glory be to the Father to the Sonne c. and they enjoyned the Ceremonie of standing as if it were as good a Creed as the Apostles Creed being indeed no Creed but a prayer for it is part of the Letany which is nothing but prayers at which all are enjoyned to kneele Therefore they are excemmunicated ipso facto by the 5. Canon as depravers of the booke of Common prayer and the Articles of religion 36. They offended in burning of Wax-candels in excessive number two or three hundred at a time when and where there was no use of lights as namely on Candlemas day 1627. when the daies were lengthned two houres and Service might be done an houre before day light was gon● as it was in Westminster-Abbey this yeere 1641. no Candles being lighted there at Evening prayer 37. They offended likwise in turning their f ces to the East and orcing the people so to doe which is a Ceremony not allowed in our Church in this Doctor Cosins offended not onely in turning the readers Deske at morning prayer and the Deanes Pue that they could not sit with their backs towards the East but also when he administ ed the Communion he stood on the West side of the Table with his face towards the East and backe towards the people which is a Ceremony the Popes Priests are enjoyned to use at Masse and the care of the reformers of our Church was that Ministers of the Gospell should not be like Masse-priests in superstitious Ceremonies or that our holy C●munion should be like their Idolatrous Masse Again the turning of faces alwaies Eastward in the Service of God is a Ceremony not appointed by the Church of England nor mentioned in the Booke of Common prayer as Bishop Harsnet confessed openly upon the Bench at Yorke and consequently it is forbidden by the Act of uniformity under great penalty The Prebendaries of Durham incurred the horrible sinne of perjury in not conventing me before the Chapter there to be examined and matters debated if they had any thing to lay to my charge according to the Statutes in that behalf and their oath The words in the second Chapter are these 38. In excessibus corrigendis decani Canonicorum eaest prerogativa qued ratione Prabendarum non convenieutur extra capitulum quia cause huius●●●di queratione Prabendarum emergunt in capitulo decani capituli judicio terminari debent Such is the prerogative of the Deane and Prebends that all faults among them must be judged by the Deane and Chapter they must not be convented by any out of the Chapter-house And againe in the third Chapter Si quaevis quaestio aut controversia inter aliques de Capitule ●riatur per Decanum Capitulum debet terminari And the conclusion is Forensia enim judicia fratres subire non decet All these they have violated in casting me into the whirlepoole of the High Commission Court at Durham London and Yorke and therefore I humbly desire the Right Honourable House of Peeres to finish and conclude my cause according to the impechment transferred unto their Lordships by the honourable House of Commons whereby satisfaction may be made unto me for the excessive wrongs and losses which I have sustained By this it appeareth that all controversies betweens Prebendaries must be ended

in the Chapter house unlesse the crime be so great that the Visitor must examine and correct it by whom and none else t●e delinquent may be deprived and not by the Bishop uulesse Idem Canonicus in offensa aliqua aut crimine gravi veluti Haeresi adulterio furto perjurio atqueid genus aliis culpabilis inventus fuerit And then saith the statute 37. chap. Fiat sequestratio praebendae interim dum talis accusatio coram Episcopo visitatore pendeat Now it is well knowne that the late Bishop Howson in his Visitation 1631. and at sundry other times cleered me not culpable of any fault which could deserve so great punishment or any at all But contrarily did say that Doctor Cosin was a factions and seditious man and that he deserved to be expeld for corrupting the Church Service and Ceremonies They Doctor Cosin and others proceeded against me maliciously and trecherously by a strange and unheard of suspension from comming to Durham Church onely at the same time that I kept residence contrary to the statutes which bind me to be present in the time of Divine Service every day and this they did in the midst of my Residence so that I could not come to Church ten daies together being prohibited by the sentence of suspension naild up upon my stall They are bound by oath to maintaine and cause others to maintaine all rights priviledges and customes of the Church this Law right and custome they perjuriously violated 39. They perfidiously and most uncharitably conspired against me all of them not one excepted not to come to my residence continuing one and twenty daies and though they were oft invited and kindly intreated yet not one of them would once come to my house such a thing was never heard of before And it is contrary to their Oath Omnes probatas Probandas bujus Ecclesiae consuetudines observabo I take my Oath that I will observe all approved customes of the Church 40. They made another most damnable conspiracy against me in the Chapter-house in sending letters full of horrible slanders and diabolicall calumniations to Doctor Laud then Bishop of London and soure other Bishops which are since dead and this they did many times one of which Letters I have full of untruths making the Bishops beleeve 〈◊〉 I am an enemy to the Church a man unsufferable and that I 〈…〉 against his Majesties Chappell All which are most false and some of them knew they were false and therefore they are perjured and by the statute to be expeld Statuimus ut nemo in virtute juramenti Ecc●●si● prastiticontra Decanum aut Canonicos quicquam dicat aut denuntiet nisi quod verum crediderit cap. 40. By vertue of their Oath all are injoyned to say nothing against any Canon but what they beleeved to be true And this sending of Letters by Messengers hyred on purpose was oftentimes on the Churches charges whereof a good part was mine own 〈…〉 and in all other suite● against my selfe they used my owne mony which is theevery robbing me and endevouring to kill me with my owne sword 41. They made a sequestration of all my living belonging to my Pre●●●● All the Prebendaries then in Durham with the Deane concurring to belie and slander me viz. that I preacht contra pios salubr●● ritus Edclesiae in grave p●riculum animae suae c. That I preacht against the godly and wholsome Ceremonies of the Church whereas there was not a word spoken against any approved Ceremony of our Church but onely against unlawfull Innovations condemned by our Church If they can name any truely I will loose my life 42. And although Haec lis nunquam pend●bat coram Episcopo visitatort for Bishop Howson kept no visitation till my cause was transmitted to London and York they made that damnable sequestration twice first before the suspension sealed the 9 of August 1628. which because they thought to be wrong they amended that errour with a capitall crime for scraping out the date an● what they would beside and writing other words or figures in place thereof they sealed that false sequestration ag tine contrary to their Oath in these words Statuimus eti m ut Sigillum Commune nunquam albae chartae aut Palinxesto opponatur sub poena perjurii perpetuae amotionis ab ha●ecelesiae illius qui opposut quiad id faciendum consenserit ad satisfaciend●m pro damnissint obligati The Common seale must not be put to scrape parchment under the paine of perjury and expulsion out of the Church of Durham and the must be bound to make satisfaction for the wrong done These treacherons Durhamers Doctor Cosin Mr. J●mes with their fellowes were not content with their Vill●nous casting me into the whirlepoole of the high Commission where I have been cost from Durham to London from London to York from prison to prison more then 13. yeares together and utterly undone by their barbarous more then Turkish and Paganish Practises They were not content I say to plague me with all manner of punishments the merciless Commisioners could inflict upon me in all the fores●id places but in the Chipter houses they would bite me and prejudicate my cause before it came to tryall with a malitious sequestration of my living twise sealed in the comp sse of one moneth and that perfidiously and sl●nrdrously fraughted with diabolicall calumniations They perjuriously have offended in detaining from me all that I have lost these 14 yeares since 1628 with above 1200. pound which I have spent siucethis Parliament began in maintaining witnesses c. whilest they maintaine their witnesses as they have done all their suits of law against me upon the Church cost and by the statutes of Durham Church which they tooke their Corporall Oathes to obey they are bound to pay to me as appeares by the 14. and 15 Chapters If any Prebendary be absent from Durham Church being hindred by any lawfull impediment and namely by imprisonment he shall enjoy all profits and commodities arising any wayes from his Prebend as if he had all that time beene present The words of the statute are these Quod si ob aliquod illorum impedimeenterum viz. profectionem ad Parliamentum moram ibidem Incarceratonem non voluntarium c. iliquem Canonicorum abesse ab ecclesia hac comingerit in omnibus tamen commodis emolumintis ration●● corporis prabenda sua quotidianarum distributionum a dicta ecclesia percipiendis pro praesente haberi volumut I Peter Smart one of the Prebendaries have beene absent from the Church of Durham 12. yeares I have beene all that time Ligiteme impeditus for I have beene by my false brethrens fault and procurement imprisoned and by wrongfull excommunication suspension and degradation as is adjudged by the high Court of Parliament kept from my house and Church and all my meanes hath beene taken from me the sum of all which amounted to above 14000. pound a great

part of which I should have recovered of Doctor Carre and his heires which because the Deane and Chapter hinder me from obtaining being mine owne which hee wrongfully got and possessed I am to have it of the Deane and Chapter of Durham and by their oath they are bound and must pay it me besides satisfaction they must make for other wrongs they have done to me and mine They perfidiously granted the registers office to Thomas Bullock and Abraham Clarke there being a Chapter Act for my Sonne William Smart to succeed Mr. Browne according to his petition granted upon a great Chapter day themselves perswading mee to take him from the universitie to put him to the Inns of Court and to make him a notary publique which being done they being offended with mee for withstanding their Popish innovations in the Church treacherously beguiled my said sonne to his great losse and undoing and they suffered Mr. Browne who enjoyed the said office to sell the same to the said Bullocke and Clarke contrary to a Chapter Act expresly forbidding him to sell it but to leave it to the Chapters free gift as he freely received it they committed a double perjury in this first in making two Registers put joyntly in one patent whereas by statute custome there must be but one register and in swearing Bullock and not Clarke contrary to the expresse words of the statute Omnes prater pueros jurabunt All members of tge Church except Boies must take their oath 46 They made a lease to Mr. Toby Blaxton for the use of Mr. Cosin of hay ground belonging to mee which I had enjoyed many yeares by custome of the Church as ten prebendaries alwayes have done they made a lease I say of that which by custome only useth to be holden and not by lease which is manifest perjury of which no president can be shewed never any lease was heard of before to be made in that kind 47 They prejuriously offended in making to the said Cosin a lease of the Tith Corne of Pittington allotted to the 4. Prebend which was mine They granted likewise to Doctor Carre a lease of my Tyth Corne of Shadforth belonging to the 4. Prebend They perfidiously wrought meanes to put me out of my living and brought in Doctor Carr who had got in the space of 11. yeares above 4000. pound out of my livings which they doe all they can to keepe from me though the Parliament acquitted me of all censures whereby it is manifest that Doct. Carre was never prebendary of Durham the 4. Prebend which was mine being never actually void 48 The statutes of the Church viz. Cap. 17. have these words Volumus ut singulis Anni terminis stipendia omnia tam Decano Canonicis quam aliis Ministris numrecentur solvantur And againe Statuimus ordinamus ut Thesaurarius qui pro tempore fuerit stipendia omnia prout statutis nostris assignantur tempore suo numeret persolvat illa etiam quae sub anni exitum pro Communi dividenda sunt solvenda Stat. cap. 22 De officio Thesaur These clauses of the statutes some of the treasurers have not observed as well in not paying where it was due as also in paying where it was not due where both the statutes and Custome of the Church forbid them to pay and as I understand they have made Chapter Acts against me to keepe me and mine from my owne they conspired altogether to be perjured and to divide my moneyes amongst themselves Doctor Duncon late treasurer of Durham refuseth to pay me the stipends belonging to my prebend which were unpaid to Doctor Carre amounting to the sum of about 40. pound and neither he nor Doctor Nayler now treasurer will pay to William Withrington my servant the stipend due to him though by their oath they are bound to pay stipends Decano Canonitis aliis Ministris whereof he is one to the Deane and Cannons and other officers whereof he is one 49 Yet the most prophane Epicurisme and Sacralegious implety of the Deane and Prebendaries appeareth in bestowing of Church livings with charge of soules of which if they be very commodious they will accept of themselves as Doctor Cradock did North Allerton worth 200. pound per annum having above 600. pound per annum before hee tooke it not to preach therenor reside upon it being Bishop Neales Chancellor Prebend of Durham and Vicar of Gain●ord for he never preacht there nor ministred the Sacraments nor said service but to sell it for 500. pound which the minister that bought it held but two yeares till Cradock dyed afterward Mr. Blaxton got the same North-Allerton having a Prebend of Durham and parsonage of Sedgefield worth 800. pound per annum at which living he never preacht for 16. yeares nor said service being lusty and able enough to doe any thing saving the duties of his calling This man resigned and bargained away many livings Woodhorne Red Marshall his Arch-Deaconry of Yorke to his Sonne in law Doctor Cosin his Prebend of Yorke and Vicaridge of Allerton to his Sonne Thomas Blaxton and lastly his rich personage of Sedgefield and Prebend of Durham to his Sonne Robert Blaxton both worth 800. pound por annum 50 Of all other their execrable impiety is seene in committing the charge of soules to them that they know are uncapable as namely Witton Gilbert to Joseph Cradock the foresaid Doctor Cradock Sonne who was not full minister nor yet is neither did he ever preach or say Service there not long after they gave to the same Ioseph Cradock another called Walsend worth about 60. pound per annum where likewise he never officiated but presently he sold them both one to Henry Hutton Clerke and the other to Sir Nicholas Tempest for 220. pound after these two he got a third living called Middleton George where he never did any service nor liveth there but with the money he got for these places hee bought a Commissary ship of Richmond in Yorkeshire whereof he hath made extraordinary great profit whereby divers complaints have beene made against him Likewise they have given to William Smith a Minor Cannon the Vicaridge Edlingeham about 40. miles from Durham contrary to the statute in the 24. Chap. that the benefice must not bee above twenty foure miles from Durham where he seldome or never commeth nor keepeth a sufficient Curate But they refuse to collate upon one Master Carwardine a painfull preacher the Vicaridge of Aycliffe which by the order and custome of the Church I Peter Smarth Senior Residentiary have presented him unto having right so to doe as was proved this Parliament by the testimony of two witnesses and they keepe in a deboyst and scandalous minister one George Leake as appeares by a petition at this time preferr'd to the Lords of the Parliament by the parishioners there OF all the aforesaid Fifty Superstitious Innovations in Services and Ceremonies of irregularities and transgressions against the