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
devouring the benefices of Parishes lying farreâ— off in the meane time Others are permitted to take on orders and to receive a benefice and after as unsufficient to go to the universitie to learn for the space of 3 years and all this time the parish doth perish with the famine of the word The beneficed parson who is non-resident oftentimes cannot preach howbeit heâ— were willing many other Non-residents there are wandring vagabonds which are not lurking in any of those dennes Some have hirelings to preach monethly or quarterly sermonâ— for them to their flocks But because they arâ— hirelings they carie not true love to the sheep but onely serve for a little hire to the beneficed parson and performeth the taske agreeâ— on betwixt them not thinking to render account one day to the Sheep-master but answer onely to the Sheepheard the beneficed person whose wages he receiveth Therefore he dealeth not with the conscience but perfunctoriously performeth his prescribed taske for his hire for he thinkes the sheep not his charge but M. Parsons They are like the Philistim Priests which laid the Arke of God upon a cart and hurled it with Oxen which they should have carried themselves Although I speake herein too favourably of the greatest number of them which doe not bestow so much cost as a new Cart and a draft of Oxen will come too saith M. Cartwright For they have learned their husbandry of him saith he which teacheth that alwayes it standeth a man in least which may be done by a poore asse 6. That a Layman studying to letters may retaine a Prebend and yet not be compelled to take on the Ministerie If the office of the Prebendarie be necessarie then the Prebend ought not to bee bestowed to another use Then againe to bestow it on a Lay-man and not to prepare him for the use of the Ministerie is farre from the intention of the donatour 7. That a man entred in holy orders and otherwise qualified according to the Lawes may enjoy two Ecclesiasticall Benefices if they bee Benefices of Cure within a certeine distance if without cure without respect of distance Pluralitie of benefices doth include also non-residence For the pluralist cannot make residence at 2. or 3. divers parishes at once By statute made 21. Henr. 8. it was provided that spirituall men being of the kings Councel may purchase licence or dispensation and take receive and keep three Parsonages or Benefices with cure of soules Chaplaines to the King Queen Prince or Princes or any of the Kings children brethren sisters vncles or Aunts two parsonages or benefices with cure of souls Every Archbishop and Duke may have 6. Chaplaines whereof every one may have two Parsonages or Benefices with cure of soules a Marquise of Earle five Chaplaines whereof every one may have two Parsonages or benefices with cure of soules Every Dutchesse Marquesse Countesse and Baronesse being widowes two Chaplaines the Treasurer and Controller of the Kings houses the Kings secretarie and Dean of his Chappel the Kings Amner and the master of the Rolls two Chaplaines the chiefe Iustice of the Kings bench and the warden of the five ports one Claplaine every one with two benefices of cure of soules Lords sonnes Lords brethren knights sonnes Doctors and Batchelers of divinity Doctors of Law and Batchelers of the Canon law Provided also that every Archbishop because hee must occupie 8 Chaplains at consâ—cration of Bishops And every Bishop because â—e must occupie 7 Chaplains at giving of orders consecration of Churches may every one of them have two Chaplaines over and above the number above limited unto them whereof every one may purchase licence of dispensations and take receive and keepe as many Parsonages or benefices with cure of soules In the Record of the worthy proceedings it is sayd that by the provisoes of that statute the Kings Chaplaines may have as many benefices as they can get without stint and some others may have 4. benefices with cure at one time in severall counties and some two benefices and yet bee resident upon none of them so long as hee attendeth upon his Lord and master which is a thing intollerable in a Christian common wealth One person will have a mastership of a Colledge in one corner of the land a Deanrie in another a Prebend in the third as Mr. Cartwright reporteth The author of the petition to the Queen reporteth that manie have three or foure benefices scattered one from another an hundred miles In the 41. Canon of the late constitutions it is licensed onely to such as have taken the degree of a Master of Arts at the least in one of the universities and be publick and licenced teachers to have moe benefices with cure then one providing the sayd benefices bee not more then 30. miles distant asunder But what saith Brightman to the like Canon made before What hurt have masters of Arts done thee or how have they offended thee that thou shouldst owe and doe unto them this mischiefe to make them in the first place guiltie of so great a sinne Thou confessest that pluralitie is evil and a thing to be suppressed and yet thou givest them leave in thy indulgence to bee infected with this pestilent disease Doubtlesse it is a notable priviledge of their degree that they may bee naught before any others Pluralitie of beneficeâ— distant 30. mile doth include non-residence as well as of an 100 mile The Sun is farther distant from us then the Moon yet it is not possible for us to touch the Moon The last petition for reformation relateth that double beneficed men are suffered to hold some 2 or 3. benefices with cure and some 2 3 or 4 dignities besides The defender of the said petition doth report that their double beneficed men are almost sance number If benefices without cure of soules require notwithstanding an office and attendance upon that office he cannot lawfully enioy it together with a benefice of cure It is observed by some that there is not one almost of their bishops but he was first a Non-resident or pluralist or else hee could not have had sufficient meanes to obtaine the bishoprick Generally whence it is that the Archbishop may dispense in all causes not repugnant to the word if heretofore they have been used or accustomed to bee had at the Sea of Rome or if not accustomed to bee obtained at the Sea of Rome if the Prince himselfe or those who are of his secret councell doe permit We heard of some speciall dispensations before now we heare that the Archbishop may dispense in all causes dispensed heretofore by the Pope of Rome and more also The Pope was never duly qualified to be a lawfull dispenser no more is the Archbishop Where it is sayd if the matter it selfe be not repugnant to the word of God it is to no purpose for the Pope will not say that hee dispenseth in any thing repugnant to the word
doe it alwayes by himselfe Then are they brought to the bishop not by the minister but by a godfather and a godmother for they must have a godfather and godmother at confirmation as at baptisme The Curate of the parish needeth not to come but may send the childrens names in writing In the first prayer the bishop prayeth for the 7. gifts of the spirit which the Papists say they receiue in confirmation Then the bishop wil not lift up his hands and blesse them in common as the Priests in the old law did when they blessed a multitude or great number but they must be brought to him one by one that he may lay his hand on every childe severally For there is some efficacie say they in that signe For they say that imposition of hands is one of the externall meanes by the which the holy Ghost is given And howbeit that prayer have the chief force yet imposition of hands hath some also In baptisme we receive forgivenesse of sinnes but the principall grace we receiue in confirmation is say they strength and defence against all tentations to sinne and the assaults of the world The Papists and they make the like destinction betwixt baptisme and confirmation The Papists say the comforter promised by Christ to his Church was bestowed in the sacrament of confirmation The same prayer for the comforter use they The grace which is begun in baptisme they say is perâ—ected in confirmation as the Papist sayth as if when we were baptized we were but halfe Christians In the prayer after the laying on of hands it is 〈◊〉 that the laying on of the bishops hands is a signe whereby the childe is certified of Gods favour and gracious goodnesse toward them a child of seven or eight yeares of age If it bee a certifying signe is it not a seale of grace as the other sacraments are All that I have sayd may be seen in Hooker Hackwell and their service book None must receive the communion till he be thus bishoped and yet divers bishops do not use it Then by order of law these who are bishoped may refuse to take the communion In hallowing of Churches the Papists use crosses taper light burning of lamps oyle ashes and many ridiculous ceremonies but let it be so that their dedication is more simple then the Popish yet it is superstitious For to dedicate that is to dote and mortifie to such a use as to the congregation to covein in it is already done by the founders who were owners of the ground and builders of the Churches and the use is onely civill to defend the people convened from winde and weather or other incommodities which might impede them in the service of God A second dedication that is an hallowing of it after it is set apart before it can be employed to divine service as if divine service were prophaned unlesse it were hallowed is meere superstition Our Churches are not like the Temple of Ierusalem which had a legall kinde of holines and was a type and figure of Christ but like the Iewish Synagogues There is no more holinesse in our Churches which containe the congregation then in the glebe land which is dedicate and set a part to maintaine the minister but that it should be kept cleane and comely for the people which is to convene in it When the congregation is there at divine service which is but accidental and may be performed on a hillock then God indeed is present in the middest of them Out of this hallowing of churches hath proceeded superstitious customes and canons of immunitie of churches I heare they may not carry a vessell through one of their cathedrall Churches or a bagge under their arms without reproofe as if their great Domes were like the Temple of Ierusalem Mark 11. 16. The like may be sayd of Churchyards or other burying places for all burial places are of a like nature whether they be neere the Church or removed fare from it Their jurisdiction is either delegate of ordinarie Iurisdiction delegate sometime to the Bishop not as he is Bishop but as he is a citizen or subject as 1. if he be appointed a justice of peace 2. if he be upon the kings secret counsell 3. if he be sent Embassadour to any forraine Prince 4. if he have any other civil office of countenance committed to him Besides that some of them are Iustices of Peace and Quorum some Councellours some at sometimes Embassadours to forrain Princes some of them have been Deputies under the Presidents of Wales as Whitgift late Bishop of Canterburie some of them sit in the Starre chamber with the Chauncellour and others of the Councel together with other Lords and Barons upon notable riots counterfeiting of letters taking away of maids within age against their parents and Gardians will c. where the most usuall punishment is imprisonment the pâ—llory or a fine They sit also in the high Court of Parliament pretending themselves to be theâ— estate of the Realm as if the body and state of the common-wealth were not an entire and compleat body and state without the body and state of the Prelacie nor lawes could not be made without their consent But the vanity of this their pretence is taken away by the authour of the Assertion of Christian Church Policie who doth prove that lawes have been made without their consent yea and without their presence even since they have been admtited to sit in Parliament Their priviledge to sit in the Starre-chamber and to be Lords of the Parliament house some doe thinke was granted by King Henry 2. Camd â— thinketh that this honor was bestowed upon them by William the first and that it is in respect of their Baronies which they hold in knight service that they sit there It is no fundamentall law then of the kingdome farre lesse doth it agree with the law of God to give voyce and decide in criminal civil matters in whatsoever secular court Is there any doubt to be resolved out of the word they have ever had a convocation of the Clergie in time of Parliament with whom they have advised in matters of religion Are the Prelates for their riding in pompe to Westminster and sitting in their â—obes more able to give advice then the whole Clergie assembled in a lower house Or can they be more rice in their judgement sitting apart from them Or is it not enough to give advice unlesse they also vote and that in matters no way pertinent to their calling Or is the Church respected in their persons when they shall have no place but as Barons Or shall they vote in the name of of the Church not having commission but like the Nobles who have place in respect of their birth In the higher house the Iudges of the Realme the Master of the Rolles and the Secretarie of estate sit in the midst thereof upon wooll-sackes But these that sit on the wooll-sacks have no