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A77860 Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 3. rites and ceremonies, 4. church-government, and discipline, reputed to be (but indeed, not) established by law. Humbly offered to the serious consideration of this present Parliament. By divers ministers of sundry counties in England. Burges, Cornelius, 1589?-1665. 1660 (1660) Wing B5678; Thomason E764_4; ESTC R205206 61,780 69

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to different places within the same Country It is answered that times and mens manners must produce a Change where ever a removal of those in being is necessary as appears by the Article And where things of this nature that at first were of godly intent and purpose devised but at length turned into vanity and superstition by the Preface touching Ceremonies before cited they are adjudged worthy to be cut away and clean rejected and so many of them have already been as was the Brasen Altar by Hezekiah And it further telleth us that as those be taken away which were most abused and burdened mens consciences without any cause so the other that remain may upon just causes be altered and changed So that here is nothing desired in the taking away the imposition yea all use of them but according to Law 4. The Book of Common-Prayer of 2 Edw. 6. is in some things referred to and particularly as to Ornaments and Rites both by the Rubrick before Morning-Prayer in the present Liturgy and by the Stat. of 1 Eliz. 2. So that as to this point so much of that first Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last Page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This is still good Law So that whatever is enjoyned in the Canons for the imposing this is void in Law by the Stat. of 25. H. 8.19 although made by the Kings Licence and Assent because contrary to that Law of 1 Eliz. 2. in this particular Now if the Law it self give a Liberty in some we trust that upon the foregoing Reasons our Law-givers will take off the imposition of the rest if not wholly remove them 5. The Bishops themselves take Liberty to omit one Ornament imposed on them to be used namely the Pastoral Staff which in the same place of the Book of 2. Edw. 6. he is enjoyned to have in his hand or to have it born by his Chaplain and this is not left Arbitrary as the Rites last before named are yet the Bishops herein can dispense for themselves is there not reason then to dispense with Ministers in the rest Having thus pleaded the necessity of Reformation in Rites and Ceremonies but especially of providing against the Imposition of any of them in general we shall not enter into any debate of the particulars for of that there is no need in this place But because we are subject to be upbraided that many of us have both subscribed to use all those contained in the Liturgy and some of us have accordingly used them and that therefore we are Revolters from our Subscription and thereby lyable to the penalty of Excommunication by the sixth Canon It behoves us to make this Apology for our selves 1. That albeit some of us have unadvisedly subscribed to use them and perhaps have used them sometimes yet finding that many sober Christians are scandalized at them we hold our selves bound to imitate the Apostle and what he did in the Case of meat which he held to be lawful we must do in the Case of Ceremonies to use them no more while the world standeth rather then make our brother to offend 2. As to the danger incurred thereby we must not so much stand upon that as to chuse iniquity rather then affliction 3. And as touching the validity and force of the Canon we fear it not it being void in Law of which we shall speak more under the head of Discipline IIII. Of CHURCH-GOVERNMENT BY Church-Government is meant the Ecclesiastcal Government of the Church of England said and commonly reputed to be established by the Laws of the Realm For however some have of late pretended to a Jus Divinum or Divine Institution of Episcopacy of late years used in England yet the Laws of the Kingdom would never own any such thing nor suffer them to exercise any power but what the Municipal Laws Authorize them unto Yea the Statute of Provisors 25th of Edw. 3. An. 1350. Declareth plainly that Prelacy it self was erected in England by the Kings of England and not by any other Authority For that Statute begins thus Whereas late in the Parliament of good memory of Edward King of England Grandfather to our Lord the King that now is the five and twentieth year of his Reign holden at Carlile the Petition heard put before the said Grandfather and his Counsel in his said Parliament by the Comminalty of the said Realm containing That whereas the Holy Church of England was FOUNDED IN THE ESTATE OF PRELACIE within the Realm of England by the said Grandfather and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people of the Law of God c. Therefore we cannot look upon such Bishops in any other Capacity in England And according hereunto take notice under this Head of Church-government 1. Of their Constitution by Consecration 2. Of their Jurisdiction by Delegation of his Majesty according to his Laws 3. Of their Execution of Discipline accordingly By their Consecration they have a power of Ordination By their Jurisdiction they have a power to Govern And by their Execution of that Office they have a power of Discipline But all these according to the Laws of the Land and none other or otherwise We shall therefore speak somewhat to each of these and humbly offer Reasons of the necessity of reforming Episcopacy and Church-government in every one of these I. Of the Consecration of Bishops and their power of Ordination thereupon 1. BY the Laws of the Land after the death of any Bishop Dr. Heylin Advertis●o● Hist of K. Charles p. 193. his Majesty useth to send out his Writ of Conge d' Eslier to the Dean and Chapter to Elect another Which Election being made signified under the Chapter-Seal and confirmed by the Royal Assent the King sendeth out his Mandate to the Archbishop of the Province to proceed to Consecration of the person so elected or Confirmation if consecrated before and now but Translated from one See to another as the case may vary So is it acknowledged by one that takes on him to know more than many others of this particular But whereas he addeth that thereupon it must needs be that when the Church comes to such a condition that is to be without Archbishops and Deans and Chapters of both which the same Author saith the late King was content in the Confer at the Isle of Wight to grant an abolition that this was acknowledged on all sides that where there is no Dean and Chapter to Elect and no Archbishop to Consecrate and Confirm the Person
the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs or Successours to exercise use and execute all the premises according to the tenour and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This is one entire Clause of that Act nor is there any Branch or Clause in that whole Act that gives more or other Jurisdiction to Bishops or any other Ecclesiastical persons whatsoever 2. Now the Act of 17. Car. 1.11 having repeted this Clause at large addeth Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding This as we humbly conceive puts a period to all Ecclesiastical Jurisdiction of Bishops Deans and Chapters and Archdeacons whatsoever And even before that Act of 17. Car. 1. that Government which they exercised was without yea contrary to Law For whereas by the Statute of 1. Edw. 6.2 it was Enacted that all Summons and Citations or other process Ecclesiastical in all Suits and Causes c. should from the first day of July thence next following be made in the name and with the stile of the King as it is in Writs Original or Judicial at the Common Law And that the Teste thereof be in the name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and grant of the Ecclesiastical Authority immediately from the Kings Highness And that his Commissary Official or Substitute exercising jurisdiction under him shall put his name in the Citation or Process after the Teste And that they in all Seals of their Office shall have the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction c. upon pain of his Majesties displeasure and imprisonment during his Majesties pleasure * So also it is Enacted 1. Edw. 6.12 that they should make their Process and Writings in the Ks. name and not under their own names and that their Seals should be the Kings Arms. In which Act nevertheless they were allowed to use their own Seals in admission and ordering all their own Officers in all Certificates in all Collations Presentations Institutions and Inductions of Benefices Letters of Orders or Dimissories as formerly was accustomed But under colour of this last Toleration they have used their own Names and Seals onely in all Ecclesiastical Jurisdictions for many years last past without taking the least notice of King or Queen or taking any special Commission from them for ought hath appeared in any of their pretendedly juridical proceedings which are therefore apprehended to be all void in Law albeit they had obtained in secret Letters Patents so to act as they have done For that Statute being repealed in 1. Mar. 2. was again in general terms revived and re-established in 1. Eliz. 1. and never since made void And whereas our Bishops and Archbishops in England and Wales are in all but twenty six in number which being far too few to be able to execute the Office of Bishops as by the Word of God they are bound to do there was in the 26th year of Hen. 8. cap. 14. an Act of Parliament made for adding six and twenty Suffragan Bishops more unto them which that Statute saith hath been accustomed to be had in this Realm It was Enacted that Th●tford Ipswich Colchester Dover Gilford Southhampton Taunton Shaftsbury Molton Marleborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgwater Notingham Grantham Hull Huntington Cambridge and the Town of Pereth and Barwick St. Germans in Cornwal and the Isle of Wight shall be taken and accepted for Sees of Bishops Suffragans to be made in this Realm These to be chosen thus Every Archbishop and Bishop that would have Suffragans must for each place nominate two persons to the King whereof the King to chuse one and to give him the name title and dignity of Bishop of such of the Sees aforesaid as he should be nominated unto and he to be called Bishop Suffragan of that See And the King by his Letters Patents is to present him to the Archbishop of the Province where this Suffragan is to be requiring the Archbishop with two Bishops or Suffragans more to be procured by the Bishop that names him to Consecrate the said person to the same name title stile and dignity of Bishop as to the Office of a B●shop Suffragan appertaineth and then to execute such power and authority as by the Archbishop or Bishop within whose Diocess he is to be he shall be Commissionated to do but no other under pain of a Premunire but not to partake any of the Profits of the Bishoprick of the Diocess But our Bishops like none of this although heretofore used which Act being repealed by Queen Mary was revived in 1. Eliz. 1. by name and is still in force Therefore in stead of twenty six Bishops to desire fifty two is no Puritanical request but a legal and just demand For there are so many allowed by Law already Yea if two hundred Bishops should be setled in England they would be too few to execute all the duties which by the Word are incumbent on a Bishop And verily we are perswaded in Conscience that this must be done if there be any due care of Souls by such as have power to do it if Episcopacy be again set up in England And we speak thus because we apprehend that by Act of Parliament all their power and jurisdiction is absolutely taken away and therefore by consequent the Office it self although the Ordinance of both Houses of Parliament of October 9. 1646. had never been For when their power of Jurisdiction is gone for ever what of the Office of a Bishop as such remaineth This was the sense of both Houses of Parliament as appears by that Ordinance which makes all their Grants since 17. Car. 1. to be null and void because their Office then expired If it shall be thought fit to set up Episcopacy again We most humbly pray that it may be no other but that Primitive Episcopacy agreeable to the Apostles rules in that form method and power mentioned in the Book of Reduction of Episcopacy composed and published in the year 1641. by Dr. James Vsher late Archbishop of Armagh always provided that there be such a competent number of Bishops set up as may be able faithfully and profitably to discharge the Office of