iurisdiction power is united and anexed to the crown from whence it is derived as from a source unto them and by law they are bound to make their proces and writings in the kings name and not in their own names and that their seals should be graved with the Kings armes as I have already declared in the first chapter It is true that they make processes in their owne name and use their own seals but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite in chiefe of the king their Episcopall power and jurisdiction is not changed for all that want of formalitie as before I have cleared out of Bishop Farrars answer Sir Edward Cooke in the 5. booke of his Reports doth prove That the Function and Iurisdiction of Bishops and Archbishops in England is by and from the Kings of England and concludeth that though the proceedings and progresse of the Ecclesiasticall Courts run in the Bishops name yet both their courts and lawes whereby they proceed are the Kings as M. Sheerwood in his Reply to Downam doth report So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King If ye will call that authoritie civill then actions of a spirituall nature are performed by a civill authoritie which is absurd But seeing this is impossible that civill authoritie can be elevated to so high a nature it must follow that it is truely spirituall power which is united to and derived from the possessor of the Crown I meane in the estimation of men and judgement of the Law howbeit in it selfe and by Gods Law it cannot be done It followeth therefore that all the Iurisdiction properly spirituall which the English Prelates doe exercise as Prelates is unlawfull how soever they have the warrant of mens Lawes It is but onely to save their own credite that they have set Downam Bilson and other their friends on worke to plead that Bishops are above Pastors jure divino by divine Institution which they are not able to prove Next is to be considered their sole authoritie which is censured by Sir Francis Bacon now Chancellour of England after this manner There be two circumstances in the administration of Bishops wherein I confesse I could never be satisfied The one the sole exercise of their authoritie The other the deputation of their authoritie For the first the Bishop giveth orders alone excommunicateth alone judgeth alone This seemeth to bee a thing almost without exemple in government and therefore not unlikely to have crept in in the degenerate and corrupt times We see that the greatest Kings and Monarches have their councell There is no temporal Court in any land of the higher sort where the authoritie doth rest in one person The Kings bench common pleas and the Exchequer are benches of a certain number of judges The Chauncellour of England â—ath the assistance of 12 masters of the Chauncerie The master of the Words hath 4 Councell of the court so hath the Chauncellour of the Dutchy In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour and the Barons The Masters of Requests are ever more then one The justices of Assize are two The Lord President in the Marches and in the North have Councell of divers The Starre Chamber is an Assembly of the Kings privie Councell aspersed with Lords spirituall and temporall So as in all the Courts the principal person hath ever either colleagues or assessours The like is to be found in other well governed kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will deny but the acts that passe by the Bishops iurisdiction are of as great importance as those that posse by the civill Courts For mens soules are more pretious then their bodies and so are their good names Bishope have their infirmities and have no exception from that generall malediction against all men living Vae soli nam si ceciderit c. Nay we see that the first warrant in spirituall causes is directed to a number Dic Ecclesiae which is not so in temporall matters And wee see that in generall causes of Church government there are as well assemblies of all the Clergie in councels as of the Estates in Parliament whence theâ— should this sole exercise of jurisdiction come Surely I doe suppose and I doe thinke upon good ground that ab initio non fuit ita and that the Deanes and Chapters were councells about the Seas and Chaires of Bishops at the first and were unto them a Presbyterie or Consistorie and medled not onely with the disposing of their revenues and endowments but much more in jurisdiction Ecclesiasticall But that is probable that the Dean and Chapter stucke close to the Bishop in matters of profit and the worlds and would not loose their hold But in matters of jurisdiction which they accounted but trouble and attendance they suffred the Bishops to encroch and usurpe and so the one continueth and the other is lost And we see that the Bishop of Rome fas est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall iurisdiction as in Consistorie And whereof consisteth this his Consistorie but of the parish priests of Rome which terme themselves Cardinals a Cardinibus mundi because the Bishop pretendeth to bee universall over the whole world And hereof againe we see divers shadowes yet remain in as much as the Deane and Chapter pro forma chooseth the Bishop which is the highest poynt of iurisâ—iction And that the Bishop when hee giveth orders if there be any ministers casually present calleth them to ioyne with him in imposition of hands and some other particulars And therefore that seemeth to me a thing reasonable and religious and according to the first institution that Bishops in the greatest causes and those which require a spirituall discerning namely the ordaining suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterward touched in sentencing the validitie of marriage and legitimations in judging causes criminous as Simonie incest blasphemie and the like should not proceed sole and unassisted which point as I understand is a reformation that may be planted sine strepitu without any perturbation at all and that is a mater which will give strength to the Bishops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish thiâ— strength given to your Bishops in Councell so that is not unworthy your Majestiesâ— royall consideration whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house which was then restreyned when the state of the Clergie was thought a suspected part of thâ— Kingdome in regard of their late homage to the Bishop of Rome
the bounds of the Roman Empire the governours framed the government according to the forme of the Empire and made degrees in the Church like to degrees in the common-wale They intended not to set up the Antichrist but being led partly with carnall wisedome partly with ambition and vainglory wittingly and willingly did that which brought in the Antichrist and so the mysterie of iniquity which began to work in the Apostles time wrought on still till Antichrist come to his full strength and perfect age While they were framing degrees according to the fashion of the Romane Empire first Bishops then Metropolitanes then Primates then the foure great Patriarches they were but forming the second beast according to the image of the first beast and the Bishop of Rome one of the foure Patriarches became the head Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age as they were after and have been ever since even to this day They hatched him and he hath rewarded them with greater authority and power But giving and not granting the Diocesan Bishops to bee of divine or Apostolicall institution we will in this chapter onely let you see the Archbishops unlawful superiority over them Persons having lesser ample administration having eyther iudiciall administration or administration not iudiciall eyther constitute by law or introduced without law constitute by law as the administration of the ordinarie Iudges They doe execute it under the Prince either in their owne name or the name of others In their owne name as Bishops so called either with addition as Archbishops or simply Bishops Archbishops being in England two Canterburie and York are considered eyther in respect of their peculiar Diocies in all respects as other Bishops or in respect of the whole province according to the place which they hold eyther in the ecclesiasticall state or the civill In the ecclesiasticall estate eyther according to the place which they hold cōmon to both the Archbishops or that which is peculiar to Canterburie According to the place which is common they are to be considered eyther as in their ordination or as after their ordination In the ordination it selfe it is to be considered that if they the Archbishops haue not been heretofore Bishops they must be consecrated by some Bishops If they haue been Bishops then their election onely is cōfirmed by some Bishops Metropolitanes were chosen confirmed and consecrated of old not by some but by the whole Synode of the comprovinciall Bishops But the English Bishop have no Provinciall Synods to any such purpose They have neither the Discipline prescribed in Gods word nor the Discipline of the old Bishops and Metropolitanes but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist Here also wee see a signe that they make the Bishop and their Priest of a different order For a Priest when he is made a Bishop must receive a new consecration But a Bishop when hee is made an Archibishop is not consecrated of new howbeit hee bee in degree of power and jurisdiction above other Bishops After ordination they are to be considered either as Metropolitanes or as Archbishops or as Primates or as lesser Patriarches The English Metropolitanes have onely Bishops under them yet sayth Mucket they enjoy the titles and discharge the functions of Archbishops and Primates also Metopolitans at the first were not called Archbishops as I have sayd but the Patriarches greater and lesser onely to whom appellation was made from the Metropolitane But when Metropolitanes began to receive appellations then this proud stile descended to them also as we will see incontinent that as Bishops they received appellations They will extoll the wisedome of the ancients in framing degrees in the Church and yet they themselves confound these degrees and offices and make one man to bee a Metropolitan an Archbishop and a Patriarch Many degrees were made to the Pope to climm up to his throne that beeing done then was there confusion againe We have this confusion then out of Babylon As Metropolitanes 1. in confirming the elections of the Bishops of his Province 2. in consecrating these Bishops together with other two Bishops By the auncient Canons it was ordained that all the Bishops of the Province should assemble to the election confirmation and consecration of the Bishop also and the Metropolitan was present with the rest as one of the number and moderator onely of the convention and the action was common The Bishop of Spalato confesseth that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath By their own book of orders it is not needfull that the Archbishop consecrate a Bishop but an inferiour Bishop may do it for him yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him How can they then bee so shamelesse as to say that Archbishops bee of divine institution if another may consecrate a bishop as well as hee whether it bee with his consent or without it Abbots who have been but simple Priests have of old ordained bishops without either commission or consent of Archbishops as Beda restifieth Of the forme and rites of their consecration wee shall entreat in the next Chapter This that they call consecration of Bishops was not known to the purer Church The ministers chose one of their number to bee a perpetuall moderator of the common actions and called him Bishop as at Alexandria where he was first hatche◠and made at the first but onely perpetuall president and this was all 3. In convocating Provinciall Synods according to the Kings rescript 4. in moderating Synods and giving the last voyce Their Provincial Synods are not like the provincial Synods which wee wont to have For ours were but Synods of Shires 4 5 or 6 classicall Presbyteries assembling together twice in the yeare But their Provinciall Synode is a Synod of the Bishops of one Province All the Diocies of the Archbishop and of his suffragane or comprovinciall Bishops which are under him make but one province And seeing they have onely two Archbishops they can have but onely two Provinciall Synods The Metropolitane convocateth the Provincial Synod upon the Princes letter which happeneth very rarely If the Prince direct his letter to any Bishop as sometime hee hath done what need is there of a Metropolitan For they say we cannot have Synods unlesse we have Metropolitanes to convocate them and this is a chiefe part of his function If so be why doth he not exerce his function without a particular letter of the Prince as well as the Bishop doth in convocating his Diocesan Synod If that be a part of his ordinary power to him as this to the other why doth it depend on the Princes letter and how dare a common Bishop take upon him notwithstanding of the Princes letter that which of office apperteineth to the
of guiltynes For it is a personall duety which the scripture requireth of the officebearers of the Church At the first Bishops were placed in little townes aswell as in great cities and were not so thin sowne as since that avarice and ambition have made them to dispise obscure places and to strive who should have the largest Diocies Nay even in England the Diocies of old were not so large as now The Bishoprick of York hath devoured many smaller bishopricks next adjacent as Camden reporteth in his Brittannia The Bishoprick of Lincolne hath likewise devovred many bishopricks which were in the time of the Saxons and howbeit it hath been greatly impaired yet there are 1247. parish churches in that Diocie at this day as is related by Camden These generalls being premitted I will be the briefer in the particulars Bishops considered simply as Bishops of which in England there are 24. whose estate is to be considered eitâ—er in the common-wealth or in the Church In the common-wealth in that they have the title of Lords in respect of their Baronie annexed to the Bishoprick 2. to have precedence before other Barons in the convention of thâ—ee thre Estates or in other meetings They tell us that Elias and Elizeus 1. King 18. 2. King 2 were called Lords and if the propheâ—s were of old so stiled why may not they also By this reason all prophets and pastors should be so honoured But the tuth is that the name of Lord was given by the wife to her husband Gen. 18. 12. and to any man of honest account howbeit to mean men as to Philip. Ioh. 12. 21. to Gardiners Ioh. 20. 15. and was more common among the orientalls then Sir is with us Elias and Elizeus were not Barons and for their Bâ—ronies stiled Lords aboue the common sort But that stile is with us attributed onely to Lords of dignitie to Noblemen and other officers of State As for Bishops you may see that they are so stiled in respect that they are Barons howbeit D. Downam doth aledge that they are so stiled in regard of their spirituall office and jurisdiction The first respect is forbidden Luk. 22. 25. as wee have sayd before The second respect is as unlawfull for there are no Lords in the Church but one Christ who is Lord and King Their ambitious and arrogant precedencie in taking place before great Barons is another part of their pompe Their statelinesse and pompe is set forth also in their glorious palaces sumptuous buildings Their chambers doe shine with guilt their walles are hanged with cloth of Auris their cupboards are laden with plate their tables and diets are furnished with multitude and diversitie of dishes their dayly dinners are feasts They have 30. 40. 60. or moe every one of them of men waiting on them some before some behind whereof three parts of them set a part the carying of a dish unto the table have no honest or profitable calling to accupie themselves in two houres in the day to the filling of the Church and common wealth also with all kinde of disorders as Mr. Cartwright an eyewitnesse doth testifie Many Churches lye desolate for want of sufficient provisioes whose impropriations are appropried to bishops to maintaine their pompe and statelines and bestowed upon keeping great horses caroches and trains of men I need not to insist in this poynt it is so sensible to any man who hath but common sence In the Church by reason of their calling or of their function In their externall calling to the Bishopricke some things respect the Prince some things respect other Bishops The Prince before election may 1. nominate 2. grant facultie to choose After the election finished 1. yeeldeth his Royall assent 2. directeth his mandate to the Arch-bishop to confirme him and other two to consecrate 3. exacteth the oath of homage from the new bishop 4. Restoreth to him the possessions of the Bishoprick Such things as respect other Bishops respect either the Archbishop or him and others the Archbishop as him who is to confirme the election Him and two others as who are to consecrate him according to the direction of the book of orders When the bishops Sea is destitute the Deane and Chapter make intimation to the King of their want of a Bishop and humble supplication for licence to choose another The King by letters patents under his great seale granteth them licence and with the letters patents sendeth a missive commending the person who is to be chosen some man who hath waited long on the Court and promised to some courtier an annuitie out of his Bishopricke during life or some other gift After this election which is made after the Papisticall manner by Deane and Chapter and a superficiall manner or pro forma as Sir Francis Bacon now Lord Chaunlour sayd the Deane and Chapter do intimate their feigned processe of election to the King againe praying the King to yeeld his Royall assent to the Lord elected The King directeth his letter patents for warant to the Archbishop or some other whom hee shall appoynt to confirme and consecrate my Lord elect The consecration being finished and the bishop having done homage and sworne fealtie the Kings writ is directed out of the Chancerie to the Escheator to restore to him the temporalities of the Bishopricke And the Bishop may procure another writ out of the Chauncerie directed to his tenants commanding them to take him for their Lord. This order of proceeding is thus described by the authour of the Assertion for true Church policie Here are many imaginarie formes and mockage rather then sound dealing The libertie of election of Pastors if Diocesan bishops were true Pastors is taken from the Church and the Church deluded with a May-game Now as for his consecration howbeit the Scripture doth not teach us two distinct forms of ordination one called consecration proper to a Lord Bishop the other by the generall name of ordination peculiar to a minister yet wee will let you see the Rites of their consecration how all are taken out of the Popes Pontificall as may be gathered by conferring the book of Orders with the said Pontificall A table is prepared for the Masse-book and the pontifical so is here a table furnished with the service book and the book of orders There two bishops are present to assist the Consecrator ordained to have on the Rochet if not the Roâ—cheâ— a surplâ—ce Here all the Bishops that be present at the consicration of Bishâ—ps should wearâ— coapes and surplices having pastorall staves in their hands They retaine the surplice seldome the coape but they never use their pastorall staves sayth the Author of the petition to the Queen And yet they have a staffe to beat out a painfull minister out of the Church if he take not on a surplice But in the abridgement of the ministers of Lincolne it is sayd that in the former edition of the book of ordination which