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A86830 The humble petition of the ministers of the Church of England desiring reformation of certain ceremonies and abuses of the Church with the answer of the vicechancelor, the doctors, both the proctours, and other the heads of houses, in the Vniversity of Oxford.; Answere of the vicechancelour, the doctors, both the proctors, and other the heads of houses in the Universitie of Oxford. University of Oxford. 1641 (1641) Wing H3562; Thomason E170_4; ESTC R9252 19,567 36

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not urging of a conformity in Church discipline is to to set open the high way to all disorder and Confusion 3. Concerning Church maintenance 1 THat Bishops leave their Commēdams In case some of the ancient revenue might be restored to their Bishopricks he were utterly unworthy to be a Bishop that would desire a Commendam But as now the most of them are impaired to take away from all Bishops all manner of Commendams is in truth to tie the Kings hands that he shall not be able though he would and where he will not no Commendam can be given to make his most faithfull servants or other men of best desert in the Ministery able to maintain their places and callings by his Majesties favor and gracious dispensation when otherwise their Bishopricks are not sufficient so to doe So as if it be well wayed they doe not so much intend in this particular to impoverish some few Bishops as indeed utterly to overthrow them and generally to restraine the Kings Prerogative 2 Of the same nature is that which followeth For no man except he be the Kings Chaplaine may hold three Benefices with Cure and those of his Highnesse own gift So that here also they desire to limit the Kings favour Againe it is not known that there be five in all this Land that hold three such Benefices And then what good dealing is this in the Petitioners to make the world beleeve that it is a common fault which is scarce to be found in a few 3 Their disposing of Impropriations The Ecclesi asticall discipl pag. 114. doth notably bewray their lacke of Conscience their little love to learning and Religion their temporizing and fitting their motions to the Laieties good liking For who seeth not that it would be the certain overthrow and utter ruine of Bishopricks Colledges and Cathedrall Churches if their Impropriations should be demised to Vicars or Curats the Incumbents at the old rent without fine without improvement Againe who be they and how many that by this meanes would be provided for A few and those the meanest of the Clergy But the inconveniences that would hereof ensue are very many and intolerable Therfore we reserve that discourse to a fit opportunity On the other side who doth not know that for a Lay-man to hold an impropriation which is a Tithe is originally unlawfull and cleane contrary to the first institution Yet these men in all their purity zeale and conscience can content themselves and their preaching Incumbents with the seventh part onely of an Impropriation in a Lay-mans fee. 4 Are these all or the best meanes that a Thousand mē such as they would be reputed can propose to his Highnesse for the bettering of the Church maintenance If we might know that it would stand with his Majesties good liking and should not be imputed unto us as a breach of duty It were very possible that the men whom they so much contemne would be able to propose some other course for the bettring of the Church maintenance with out the alteration or injurie of any other state 4 Concerning Church Discipline 1 UNder the name of their Discipline we have bin hertofore taught by these men to understand The kingdom of Christ upon earth A thing of no lesse importance then the d Eccles Disci pag. 13. T.C. Epist to the Church of England Gospell of Christ Jesus An essentiall part of the Gospell A matter of faith to be received upon paine of damnation An essentiall marke of the true Church without the which our Church was no Church our faith no faith our Gospell no Gospell c. And it is now come to be so indifferent that it may bee administred accordingly Or else at the least that these enormities may be redressed Will it now suffer such an Or else at the least Were we perswaded that their Discipline their Presbytery the life and being of their Discipline were indeed of Christs institution were we perswaded it were a part of Gods Word an essentiall part of his Word could we be contented to bee without it Could wee content our selves to live any where but under it Would we not redeem it with much perill and paine With certain losse And that willingly But the experience that his most excellent Maiesty hath had of the manifold mischiefs and miseries that attend their pretended Discipline doth make them not dare to speake plainly for it They therefore faulter in seeking to obtain that which yet in heart they do affect and specially desire But to these Enormities these heinous Enormities Is it not well that now at length these quick-sighted men can espie no fouler Enormities in our Church government Enormities 1 THAT Excommunication come not forth under the name of Lay persons First it may truly be said that though it did come forth under the name of a Chancellour or a Commissary yet came it not forth under the name of Lay persons For a Chancellor or a Commissary is not a Lay-man in this case The Ordinary and He are but Vnus Judex Or rather whatsoever the Chancellor doth in this behalfe he doth it in the authority of the Ordinary according to the power that is committed unto him A thing not unusuall in the Civill state wherein the Lord Chancellor doth dispose of many things which are originally in the Crown and againe writeth Teste meipso unto many particulars that never passe by bill assigned Secondly No Lay-Chancelor or Comissary whatsoever doth at any time excommunicate any man or sendeth out in his own name any excōmmunication But this is the practice of the Church of England In e Const Eccle. 1597. cap. de Excess circa Excom refor the censuring of notorious and more grievous crimes the Arch-Bp the Bishop the Deane the Arch-deacon or a Prebendary that is a Priest pronounceth the sentence of Excōmunication in his own person And in matters of lesse offence as contumacy in not appearing and the like the Vicar-generall Officiall or Comissary that is not in holy orders holdeth this course First upon knowledg and examination of the cause he adjudgeth the party worthy to be excommunicated then the Minister associated unto him by expresse authority from the Ordinary doth pronounce the sentence of Excommunication against him Lastly the Chancellor sendeth to the Pastor of the Parish where that party dwelleth requiring him publikely to declare the said party to be a person excommunicated by the sentence of the Minister his associate And all this according to the forme of the Articles set forth by her Majesties authority Anno 1597. Thirdly are not these execellent Enormity makers that can finde such an Enormity in the Name of a Layman in whose name notwithstanding the excommunication never commeth forth when yet if it did come forth in his name the nature of the thing it selfe is such as justly cannot be reproved They are not ignorant that excommunication doth proceed as is afore-said if not in the name yet in
the Authority and Jurisdiction of the Bishop or some other chiefe Clergy-man to whom the power of the Keyes doth belong and unto whom the Church of England hath assigned the execution of that part of our Discipline Who if they use the advise and Ministery of a wise and religious Civilian in decreeing who is to be excommunicate whereupon those f Perpetuall govern of the Chu pa. 320. outward penalties doe ensue which attend the authority and follow the sentence of Excommunication in this Church Common wealth how doth that in any wise violate Christs institution as touching excōmunication Lastly if the Discipline they long for were once on foot among us we should then heare tell of certaine Lay-Parsons that ought to have a principall hand in their excommunications Thus as they are weake in judgment for matter of learning in this point not being able to resolve of any thing in certaine so are they as partiall in prescribing their plots for matter of practise whiles they reprove that in others which in themselves they doe allow Except peradventure they will tell us and we must needs beleeve them that their Lay-Elders become Clergy men ipso facto because they are of their Consistory have voyces according to their learning in these Ecclesiasticall censures 2 That none be excommunicated for g The order of Excom c. in the Church of Scot. Printed June 1571. Cap. 4. Thus any small offence may justly descrve Excommunication by reason of the contempt disobedience of the offendor trifles and twelve penny matters They are not Contempt is then the greater when the matter wherein they shew their contempt is of lesser valew As contrariwise obedience is then more commendable when it is seen in a matter of greater difficulty But these men are so accustomed to disobedience that they account it but a trifle And therefore calumniate us and our discipline as if with us men were excommunicated for trifles when in truth they are censured for their contempt 3 That none be excommunicated without consent of his Pastor Without consent is a captious tearm For in our understanding the Minister of the Parish doth give his consent when he publisheth the excommunication as also when he doth certifie what he hath done in denouncing the same And this manner of consent we take to be sufficient and as much as is requisite in a private Pastor that hath no Jurisdiction But what is it that these men doe meane Would they thinke you that every Pastor should have a Negative in the excommunicating of his Parishioners Undoubtedly they would threby intending the utter overthrow of the present Church government and in steed thereof the setting up of a Presbitery in every Parish Or rather that which is worse if worse may be the enabling of every particular Pastour to Excommunicate by himselfe h Perpetuall government of the Church pag. 321. alone Except peradventure they will say that the particular Pastor ought to be joyned in cōmission with the Chancelour And then behold what would ensue On the Minister a world of troubles he must be sent for as oft as any of his parish is presented he must attend the hearing and debating of the whole cause he must be present as oft as the Chancellor sitteth as long as the matter dependeth to his great travaile and pains his excessive charge and the causlesse neglect of his calling On the other side if this Minister will be wilfull and in fine dissent from the Chancelor in opinion then is all the labor lost the Judge hath spent his skill and care in vain and the Bishops Consistory must down to the ground either Pastor must prevaile or nothing must be done To the intollerable hinderance of Justice and excessive detriment of the plaintiffe These and the like are the well advised Propositions wherof there is store in their Discipline By which it doth sufficiently appeare that as yet it is not throughly refined 4 Extorting of unreasonable fees who approveth Who disliketh not Who would not have it redressed in any that offend Besides there are very i Constit Eccl. 1597. cap. de Feodisquae off Eccles severe laws already made in that behalfe 5 Farming out of Jurisdictions and Registers places though we commend it not nor greatly like of it yet it is of it self a matter indifferent neither good nor ill but as it is used 6 The restraint of Mariage at certaine times falsely called a Popish Canon was k Consil Laodi Can. 52. anciently used in the Church of God and being rightly understood is now commendable in this of ours 7 The Long-somnes of Suits in Ecclesiasticall Courts is a matter of fact not of Constitution nor is the fault of the Court nor of the Judge necessarily as these men would seem to imply but sometime error in pleading sometime the intricatenes of the cause somtime the perversenesse of the Clyent sometime the cunning of the Proctors are the occasion that suits depend long And when all is said that they can say this is none other fault than is incident to the course of Justice at the Common Law and might befall their Consistory or a better and more equall kind of triall 8 The Oath ex officio is used as it ought by men of place of wisdome and experience by men of Religion learning and conscience Unto whom the authority to administer it as occasion is offered doth justly belong not by speciall Commission only but by the laws of this land by the two Laws Canon and Civill and by the warrant of sundry examples of the word of God as that worthy and learned Dean of the Arches the ornament honor of his profession in his time in his judicious l The Apolog. 2 part Cha 9. and so sorth to the end of the same Apology of certain proceedings in Courts Ecclesiasticall doth prove at large 9 Licenses for Mariage without Banes are most cautiously granted and that upon m Const Eccl. 1597. cap. de moder indulg severe punishment to ensue if so be the Constitution be violated But what will satisfie these men who thus intimate unto his Highnesse that there is rigor in the former point and negligence in this when as all moderation and carefulnes is used in them both And are not these heynous enormities Their Conclusion THe ilde vaunt that the Petitioners make of being able to shew that these and other such abuses as they call them remaining and practised in the Church of England are not agreeable to the Scriptures doth appeare to be the more ridiculous because they have passed over in deep silence many learned n The perpet gover of Chri. Chur. Asurvey of the pret holy disc The answer to the Abstract The Apol. of certain proceed in Court Eccle. A treatise of Eccles Discip De Presbyt ejusque nova c. De div Minist Evan. grad c. The Remonstrance Querimonia Ecclesiae The 5 books of the