strange Religion is built on this rotten foundation Whereas the Church of Jerusalem on whom the Holy Ghost descended chang'd their Opinions if not their Canons concerning the observation of Circumcision and the Mosaical Ceremonies for Acts 15. they required not those Ceremonies but Acts 21. they did require them nay St. Peter himself would not eat with an uncircumcised Christian Gal. 2. if a Jew was present notwithstanding he was one that made the Canon to the contrary Acts 15. Gal. 2. Acts 21. Acts 15. And St. Paul that reprov'd his inconstancy Gal. 2. and would not Circumcise Titus yet had Timothy Circumcised Acts 21. If the Pillars of the Church warp can we think any other Canon-makers of the Church are infallible so that we must believe all they Decree in spight of our Teeth or else by Excommunication Take him Devil and forty days after Take him Jaylor This is like the Muscovites that acknowledge no Christians but themselves and the Greek Church or like the Donatists that confined the Church of Christ to themselves at least within the bounds of Africa which was a larger extent than was afforded by the Family of Love Gratian. Dist 16. and many of our Sectarists whose Opinions in this kind are derived from Rome like that of Pope Agatho l. That commanded that all the Popes Decrees should be taken for the Oracles of God and as true as if pronounced by the Mouth of God though contrary to Holy Writ Thus the Council of Trent Decreed Conc. Trident Sect. 5. Can. 2. that the Church that is themselves had power to change the Sacraments And the Council of Constance did change the Institution of the Lord's Supper by Robbing the Laity of the Cup with a non obstante to Christs command But now henceforth this being premised I 'le keep to our own Canons and Canon-makers of which Query I. Whether Ecclesiastical Canons that want the Stamp of Legislative-power or Acts of Parliament are necessarily binding and of force to us English-Protestants And this Inquiry was occasioned by a late Discourse or Sermon Mischief of Separation Preached by the Reverend Doctor Stilling fleet May 2. 1680. at Guild-hall upon that Text Phil. 3.16 Whence he exhorts in the words of his Text his Auditory to walk by the same Rule or Canon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mischief of Impositions yet Canon is not found in some Greek Copies as one has in answer to the Doctor already very ingeniously observed But the accurate Mr. Baxter very pertinently in a Letter to the Doctor puts him upon declaring what is this same Rule or Canon and who makes it which one would think should be very necessary and one of the first things as a foundation on which should be built any pertinent or rational Discourse For if one certain Rule or Canon be not agreed upon it is impossible to know when we straggle and walk disorderly deviate and err And also if Preachers exhort as they ought to walk by the same Rule and yet do not declare what that same Rule is and who is the Rule-maker the Canon-maker or Law-maker they had as good say nothing at all But the wary Doctor waves the answer to Mr. Baxter and either would not or could not or durst not declare what is the Canon and the Rule and Who are the Rule or Law-makers very wisely foreseeing that Mr. Baxter had got him upon the Lock For it had been dangerous for a Protestant Doctor to deny the King and Parliament to be the only Law makers or Rule and Canon-makers But on the other hand if the Doctor had declared against the Pastoral-Head and Synod who stil'd themselves the representative-Church and no man in pain of Excommunication Can. 139 140 141. Anno 1603. to dare to derogate from their Authority possibly he might fear to come within dunger and reach of the Bishops Canons at least he might fear he had in so doing arriv'd at the Pillars ef Hercules and the streights the nè plùs ultrà of his Preferments But no private-ends ought to byass any man or stop his mouth from speaking out and plain such a necessary Truth for want of adjusting this Query What is truth What is the Canon the Rule this same Law we ought all to walk by that we may all speak the same things For if the Trumpet give an uncertain sound an undistinct sound who shall prepare himself to the Battle 1 Cor. 14.8 1 Cor. 14.8 If one Clergy-man sounds a Retreat whilest others sound Boots and Saddles To Horse To Horse Into what confusions will the distracted-people run and no wonder For certainly this is the great cause of our Divisions not to be remedied at least not till agreed among our selves and till we walk after the same Rule For uniformity in Religion ought to be the endeavour as well as Prayer of all true Christians that all of us may Rom. 15.6 with one mind and one mouth too glorifie God even the Father of our Lord Jesus Christ Rom. 15.6 But how is this possible or that Christians should speak the same things and walk by the same Rule when this Rule is not agreed upon no not as aforesaid among our selves For if the Acts of Parliament the universally confessed-Law of England even in Religion be the Rule or Canon and the King and Parliament the only Law-makers or Canon-makers as who dare deny now that the Popes Hierarchical Head is cut off without Incurring a Praemunire and that can and being the only Representatives of the People of England alone ought to make Acts of uniformity in Religion and of all other things especially to have a care of Religion and a watchful eye over Religious men Then how comes the Convocation to call themselves the Representative-Church of England and thunder out Excommunication which with them is eternal Damnation Can. 139 140 141. An. 1603. if men die before they recant and publickly repent their wicked Error in thinking to the contrary And ask any of the Convocation at this day if they also do not look upon themselves and value themselves as the Representative-Church of England and they will not surely deny it For if they be not that what are they But though those that made the Canons in 1603 might in some sense be called the Representative-Church of England and so also were that Synod of London that made the Canons Anno Dom. 1640. which are commonly called the Lambeth-Canons and are Damn'd already as I 'le demonstrate beyond all contradiction if any dare deny so great and evident a Truth Yet the Synods and Convocation now adays have not the Authority they had they are scarce the shadows of those Synods and yet the Authority also of those Synods in 1603 and 1640 and all they did is now abrogated and taken away by Acts of Parliament and their very beings annihilated and made of no force power strength nor vertue as I shall shew hereafter much
more the Synods and Convocations at this day who are so far from being the Representative-Church of England that the people of England have not the least vote or suffrage in their Election they have not any hand I had almost said nor heart neither in the choice I am sure nor head in it I mean their advice is not askt about it Nor indeed as I shall prove hereafter are these Synods fairly Elected by the votes and suffrages of the Clergy the Inferiour Clergy and so also are not so much as the Representatives of the Clergy For though the Generality of the people heed them not so much yet they look upon the Inferiour Clergy to be at their Beck and still within their Clutches And to that purpose to make them easie and gentle to be ridden and to bear like Issachar all the burdens they impose without daring to kick them off they mouth them before they back them with an c. Oath in the 6th Can of 1640. of Canonical obedience which if they had not a good Swallow would choak them in the going down But finally my Babe of Grace forbear c. Cleveland's Poems will be to far to Swear For 't is to speak in a familiar Stile A Yorkshire Wea-bit longer than a Mile This pretty c. Oath of obedience Canonical is in these words Can. 6. of 1640 I A. B. Do Swear That I do approve the Doctrine and Discipline or Government established in the Church of England as concerning all things necessary to Salvation And that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so established nor will I ever give my consent to alter the Government of this Church by Arch-Bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand nor yet ever to subject it to the Vsurpations and Superstitions of the See of Rome And all these things I do plainly and sincerely acknowledge and Swear according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And this I do heartily willingly and truly upon the Faith of a Christian So help me God in Jesus Christ And if any man Beneficed or Dignified in the Church of England or any other Ecclesiastical person shall refuse this c. Oath the Bishop shall give him a Months time to inform himself and at the Months end if he refuse to take it he shall be suspended ab officio and have a second Month granted and if then he refuse to take it he shall be Suspended ab officio beneficio and have a third Month granted him for his better Information but if at the end of that Month he refuse to take the Oath abovenamed he shall be deprived of all his Ecclesiastical Promotions whatsoever and execution of his Function which he holds in the Church of England Solomon says The mercies of the wicked are cruel Prov. 12.10 but whether the Imprudence or the Impudence the ignorance or the audaciousness be greater for men at this day to dare to put those Canons in execution and to Quote them and give them in charge as Rules and Canons and Laws to the present Clergy when they are condemned by 17 Car. 1.11 and also by 13 Car. 2.12 Query What Penalty they do incur that dare set up Laws in Defiance of the Statutes of this Realm to enthral the Kings Liege People For both Laity and Clergy are in a fine Dilemma at this wicked rate Since that whosoever denies the King and Parliament to be the only Legislators or affirms that the ancient Hierarchy of the Pope is yet in being or that any other have power to make Laws in this Realm contrary and Repugnant to the Kings Prerogative Royal or the Customs and Laws or Statutes of this Realm shall be punisht c. on the one hand For what skills it to cut off the Popes Prelatical Hierarchical or Pastoral head and set up with a new-name another in the Room of it whether Presbyterian Fifth-monarchy Prelatical or any other Bigots this is to cut off Hydra's head when another as bad and alike as two Twins starts up in the Room of it But on the other hand if either Clergy or Laity derogate from Holy Synod and do not acknowledge it to be the Representative-Church of England Can. 139 140 141. Anno 1603. and that dare affirm that the Government of the Church by Arch-Bishops Bishops Deans Arch-Deacons and the rest or c. is Antichristian or contrary to the word of God shall be Excommunicated never to be absolved until they repent and publickly revoke this wicked Error I know some that have as good a Swallow us the best Latitudinarian of them all Can. 7. 1603. but of all cornute things they most dread a Dilemma for though you escape one horn you are catcht and tost upon the other To affirm the Pope or any thing like the Conclave any other Pastoral head to be the Supream head and Governour of the Church is to incur a Praemunire by denying the Kings Supremacy as also by denying the King and Parliament to be the only Legislators And there is not a Protestant in England if a Lay-man that dares or does deny the Kings Supremacy and that the King and Parliament are the only Legislators Law-makers or Canon-makers Nay the Lay-men are not much afraid to say that the Government of the Church by Arch-Bishops c. or Reliquos whether Commissaries Officials Arch-Deacons Sumners or Apparitors Surrogates Registers deputy Registers Canons Petty canons Prebends Residentiaries Non-Residentiaries Chapters Chanters Precenters Rural-Deans Sub-Deans Vicar-Generals Lay chancellors c. which last are a kind of Lay-elders which we laugh at in the Presbyterians are not sound nor in the least mentioned in the word of God although they are threatned with Excommunication which in their sense is eternal damnation until they recant publickly and within 40 days after Excommunication the Gaol But the Clergy men poor Souls they are hamper'd with an c. Oath of Canonical obedience dare not say any thing in defiance of that c. Oath though it be condemned which they honest men do not know at least very few of them by Act of Parliament namely by the 13 Car. 2.12 as aforesaid The Statute 25 Hen. 8.19 condemns the Popes Supremacy and all Hierarchy and Canons which were prejudicial to the Kings Prerogative Royal 25 H. 8.19 and to the Laws and Statutes of this Realm and gives Power and Authority to the King Hen. 8. to nominate and assign at his pleasure thirty two Persons of his Subjects whereof sixteen to be of the Clergy and sixteen of the Temporality Some Lay-elders then in those times of the upper and nether House of the Parliament to view search and examine the Canons Constitutions and Ordinances
Bishop himself or one that hath ordinary Jurisdiction and is immediate Officer to the Kings Courts Because only upon the Significavit's of Arch-bishops and Bishops only or such as have ordinary Jurisdiction shall be issued out the Writ De excommunicato capiendo For if a Bishop do not certifie the same upon his own knowledge Cook Instic Sect. 201. but only by hear-say or the Certificate of another Bishop and by parity of reason of any other man as his Commissary Arch-deacon c. such Certificà te is not sufficient And of these Ecclesiastical Proceedings the Kings Justices are the only Judges Much more are they Judges at this day whether these Procurations and Visitations shall be paid being so contrary to Magna Charta as well as against the Canon-Law Equity Reason and Conscience And also Judges whether the Seal to the Significavit be a legal Seal according to Statute and whether all the Processes have been made in the Name and Stile of the King as well as Seal'd with the King's Arms For all the reason in the World that if the Clergy will take in to help them on with their Ecclesiastical Ordinances and Jurisdiction The King 's helping hand to conduct all Men to the Goal whom they have delivered to the Devil that their proceedings also should be as the Law enjoyns in the Name stile and under the Seal of the King But strange also is the Practice at this day in their Spiritual-Courts in many particulars I 'le Instance but in two at present this discourse more properly coming under another head One is in the Case of Probate of Wills the other is in the Case of Excommunication The Practice at this day as to Probate of Wills wherein Lands Tenements and Hereditaments are given and granted is for the Register to keep the Original Wills and give the Executor only a Copy of the Original-Will to which Copy they affix the Seal of the Court. Estates disposed by Will are usually in Prejudice of the Heir at Law and yet if the Heir by Will have a Tryal at Law with the Heir at Law and show the Will prov'd under the Seal of the Court he will lose his Lands for all that for the Judges at this day will take no Notice of it and if he goes to get the Original out of the Register's Hands sometimes 't is lost and cannot be found for Love nor Money then farewel Land for that 's also gone past all Recovery or if the Registers do happen to stumble upon the Original they will not part with it except you give them a thousand pound Bond and good Security to return the same and also 40 s. or 50 s. it usually costs over and above I know it to be true by woful Experience to the ruine of many a Man's Estate to the defeating the Will of the deceased and in defiance of the Statute 21 Hen. 8.5 21 H. 8.5 which commands them to affix the Seal of the Court to the Original-Will in such cases where Lands and Hereditaments are bequeathed and deliver it to be kept by the Executor or Party concern'd for who can safer keep a Man's Deeds than himself and for the Copy they ought to take but one peny for every ten lines thereof whereof every line to contain ten Inches in length So that if the Question be ask'd again What are the Spiritual-Courts good for Are they not good at acting in defiance of the Statutes of this Realm And have they not always been good at that as in many Instances Appears in this Discourse I will not Advise tho' that to make them good and wholesom they should be drest and be drest as the Doctor Advis'd his Patient to dress Cucumbers with which he had long been enamour'd to the ruine of his health namely To take the Cucumbers and slice them and wash them in Vinegar then in Salt and Water then again in Vinegar and Salt and then in Vinegar and Pepper and then lastly the onely way to keep them from being mischievous is to throw them to the Dunghil But certainly Errors from the Rule from the Rule of holy Scriptures the further they go the further they go astray and it can have no colour of charity or pretence from God or Christ or the holy Scriptures to deliver precious Souls to the Devil for want of paying the Knave a Groat if their Excommunications were as they pretend a real delivery to Satan a precious Soul for whom Christ dyed is too cheap in all conscience to be fairly delivered to the Devil for the value of a Shilling or two But that the best on 't is they 'l redeem it again also for as cheap a Price a Man would wonder such mischiefs should be no more taken notice of except the Fellows are look'd upon to be so contemptible as that no wise Man heeds them nor their Blunder nor their Thunder Another miscarriage is That whoever the Register with some little Surrogate whom the Register leads by the Nose for the blindest and the willingest to be so led is the fittest Preperty shall excommunicate though but for want for paying the Register his Fees illegal and unjustifiable Fees all Parish-Ministers are bound to deliver their Flock so excommunicated to the Devil or declare the same so to be publickly in the Church though he knew nothing of the merit of the Cause nor of the due course of Proceedings But that 's not all a worse mischief is yet behind namely The Bishop 5 Eliz. 23. The Bishop upon the Certificavit of the Arch-deacon's Register grants his Significavit without hearing any thing of the Cause so that as Papists believe as the Bishop of Rome believes so here quite otherwise yet no better the Bishop believes as the Register of the Arch-deacon's Court believes and whatever he certifies to the Bishop he signifies into the High-Court of Chancery so that is usually more safe to displease any Lord in the Land than a little stingy sneaking Register that bought his Place and must make his best on 't And we may say of these pittiful Fellows as was said of Pope Alexander the 6th his Symony in selling so many Benefices Cardinal-Caps Indulgences c. as he was Pope having first by Bribes purchas'd the Popedom Emerat ille prius Why should not Chapmen sell their Ware When aboveboard they bought it fair Synodals are certain yearly Exactions paid by every beneficed-Priest to the Arch-deacon out of every Benefice in every Arch-deaconry yearly and every year throughout the whole Kingdom of England Originally They were given to the Clergy voluntarily for the maintainance of their two Procurators which were in every Arch-deaconry throughout England chosen by the inferior Clergy to represent them and vote for them in the Synod In imitation of the Wages allowed to the Knights 4 s. per diem Citizens and Burgesses 2 s. per diem for every day they Sit actually in Parliament for which there are several Statutes of old
and make Canons and Laws by themselves alone as if they alone were the Church Thus when Magna Charta says That Holy Church should be free They always meant and it is so construed at this Day Let the Clergy be free from Taxes Impositions c. So that by the Church of England is meant the Clergy of England A little Church then surely in so great a Realm and a great pity that so many Lay-Brethren should dye out of the Pale of the Church And yet the Dignitaries of the Church not content to be onely amongst the Croud of other Clergy-men the Church streighten the Bounds and take in the Pale to more scanty Limits making themselves when in Synod especially and Convocation at least the Representative-Church and of power to see for all the rest and to bind them to what Decrees and Laws they list Thus the Articles of Religion Regn. Eliz. Anno Domini 1562. Articuli de quibus convenit c. Articles agreed upon in the Synod of London By and Between the Arch-Bishops and Bishops of Both Provinces and all the Clergy What little share the Inferiour Clergy have in making such Articles I have shown already and also that 1 Eliz. 1. is repealed on which those Articles seem to be founded Which yet I say not to weaken the force and vertue of them they are so good so moderate so charitable so Christian-like in themselves that they need no voucher no Statutes to vouch them they are so honestly come by For Pride and Passion Prejudice and Peevishness Malice and Revenge the wonted Inmates were excluded the Convocation-House when those 39. Articles of the Church of England were composed and nothing but the Naked-Truth permitted entrance 'T is strange you 'l say and in a Synod too compos'd of Clergy-men and of the few too But I care not for that once it happened to be so it seems But still I say under favour The Holy Apostles never took so much upon them to make Canons and Constitutions but by assent and consent as well as joint Promulgation in the names of all the Lay-Brethren or when the multitudes of Disciples were encreased at least they might I hope have a vote in chusing who should represent them in this representative Church Which if true and It is before sufficiently prov'd then surely as the Church of Corinth Ephesus Galatia c. were the Christians of Corinth Ephesus Galatia c. Clergy and Lay together though those distinctions were not then known so really and truly The Church of England are all the Christian's of England over them under Christ the King is the Visible Head and Supreme Governour in the Executive power and the King and Parliament in the Legislative or Canon-making Power With what tollerable modesty then can the Clergy alone much less a few of them arrogate to themselves the Title Priviledges and Immunities of the Church of England Tell not me that it was so when the Pope usurp't the Supremacy what is that to us now I know that when Magna Charta was made by Holy Church being Free was meant Let the Clergy be free from Taxes c. but how little did the Prelates value that Law for though the Clergy by that Statute was free from Impositions and Burdens yet the Prelates did not so much regard it seems but that they notwithstanding would venture to Pill and Poll the Inferiour Clergy by Procurations Synodal's Visitations and many more vexations as if the Clergy was free for no body to fleece but for themselves alone and that too arbi trarily Better it is for them much better to be thrown up in Common as of yore amongst the Laity again and take Neighbour's-fare by Acts of Parliament than by being an Inclosure and exempt be made the peculiar of arbitrary-Impositions though by the men of their own Cloth none were so unkind to Joseph as his own Brethren he had fairer Quarters from the Gypsees As the Clergy all of them have as much His Majesties Protection as other folk and the benefit of the Laws nay and the benefit of the Clergy too if they need it as much as any Lay-men good reason therefore they should contribute equally with others to Taxes and Arms and to the Poor c. But 't is sad when this will not suffice but for enjoying the name and nothing but the name of the Church They shall not only pay First-Fruits and Tenths to His Majesty as bound by Law but to pay without end and without Law all the Arbitrary Impositions that Rich and great Men of their own Cloth shall lay upon them for Letters of orders Institution Induction Licences to Preach Procurations Synodals Visitations and then again for shewing these Letters of Orders Institutions c. 't is that makes you so poor and beggarly generally and consequently contemptible world without end I cannot but with some complacency read the Statute of 16. Rich. 2.5 where the King and Parliament when Popery was in its Zenith did not forget that they and the Clergy the Inferiour Clergy too were English-men namely That Whereas the Commons of the Realm in this present Parliament have showed to our redoubted Lord the King grievously complaining That whereas our said Lord the King and all his Liege People ought of right mark that and of Old time wont mark that too to sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to the which they had right to Present The cognizance of Plea of which Presentment belongeth only mark that too to the Kings Court of the old Right of his Crown used and approved in the time of all his Progenitors Kings of England And when Judgments shall be given in the same Court upon such a Plea and Presentment mark that too The Arch-Bishops and Bishops and other Spiritual Persons which have Institution of such Benefices within their Jurisdiction be bound mark that too and have made Execution of such Judgments without Interruption mark the Reason for another Lay-Person cannot make such Execution And also be bound of right mark that too to make Execution of many other the King's Commandments c. too long here to insert but concluding That against the offenders Process by Praemunire facias should be made and not only against the offenders but against their Procurators Executors Maintainors mark that too as in the Statute of Provisors 27 Edw. 3.1 and against All other which do sue in any other Court mark that too in derogation of the Regality of our Lord the King Whence it appears That even in those Popish times Patrons most whereof were Lord of the Mannors and gave the Tythes and Glebe should present right and good reason and give their own may they not do what they will with their own to what Clerk they please giving him thereby Jus ad rem and then the Bishop and Archdeacons by Institution and Induction as Instruments in Law because a Lay-person as