perfidious Prelats haue resumed the same again without any law reviving it But let us proceed and heare what is recorded in the worthy proceedings of the Parliament above mentioned The Act is found to be inconvenient and of dangerous extent in divers respects 4. for that every pettie offence pertaining to spirituall jurisdiction is by the colour of the said words and letters patents grounded therupon made snbject to excommunications and punishment by that strange and exorhitant power and commission whereby the least offenders not committing any thing of any enormous or high nature may be drawn from the most remote places of the kingdome to London or yorke which is very grievous and inconvenient These three Commissioners being armed with double vengeance and power of both swords temporall and spirituall may strike a man at one strike in one sentence for one and the selfe same fault both with temporall and Ecclesiasticall censures and punishments They may depose and imprison a minister at one time for one offence they may fine and excommunicate at one time c. Againe they may punish the same offence in one person with a fine in another with imprisonment in the third with excommunication in the fourth with deprivation For their owne pleasures and discretions and not the lawes ar the rules of their censures and punishments Let us see what is recorded in the grievances Therein to wit in the Commission grounded upon the statute is grievance apprehended thus First for that therby the same men have both spirituall and temporall iâ—risdiction and may both force the partie by oath to accuse himselfe of an offence and also inquire thereof by a jurie and lâ—stly may inflict for the same offence at the same time and by one and the same sentence both spirituall and temporall punishments 2. wheras upon sentences of deprivation or other spirituall censures given by force of ordinarie jurisdiction any appeale lyeth for the party grieved that is heere excluded by expresse words of the commission Also heere is to be a tryall by Iurie yet no remedie by traverse not attaint Neither can a man have any writ of errour though a judgement or sentence be given against him â—â—â—â—unting to the taking away of all his goods and imprisoning him during life yea to the adjudging him in the case of premumire whereby his lanâ—s are forfeited and he out of the protection of the Law 3. That wheras penall lawes and offences against the same cannot be determined in other Courts or by other persons then by those trusted by Parliament with the execution therof yet the execution of many such Statutes divers whereof were made since 1. Eliz. are commended and committed to these Commissioners Ecclesiasticall who are either to inflict the punishments contained in the Statutes being Premunire and other high nature and so to inforce a man upon his owne oath to accuse and expose himselfe to these punishments or else to inflict other temporall punishment at their pleasure And yet besides and after that done the parties shall bee subiect in Courts mentioned in the acts to punishment by the same acts appointed and inflicted which we thinke were unreasonable The three Commissioners may not onely enquire and try but also judge in all causes Ecclesiasticall in causes of heresie simonie idolatry c. It is I grant provided in the statute 1. Elizabeth that they shall not in any wise have authoritie or power to order determine or adiudge any matter or cause to he heresie but onely such as heretofore have been determined ordered or adiuged to be heresie by the authoritie of the Canonicall Scripture or by the first 4. generall Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plaine words of the said Canonicall Scriptures or such as heereafter shall be ordered iudged or determined to be heresie by the high Court of Parliament of this Realme with the assent of the Clergie in their Convocation This provision is no limitation unlesse wee will say that without the limits of the Canonicall Scripture there are some heresies determined which are not determined within the bounds of the Canonicall Scripture Seeing then they may determine in all he resies determined in the Scripture they may determine in all herefies whatsoever and may affirme that to bee determined for heresie in the Scripture which is orthodoxall If the commissioners the Princes delegates may be judges in all causes of herefie farre more is the Prince himselfe by their lawes and that without the provision foresayd wherwith the delegate commissioners are circumscribed These three Commissioners have power to receive appellations from other inferiour courts Ecclesiasticall like as the five with us have power by the Kings letters patents to receive and disusse all appellations made to them from any inferiour Ecclesiasticall Judges and to inhibite the said Ecclesiasticall judges to proceed iu any matter which they shall hold to be improper for them wherin they shall perceiue the said Iudges to have behaved themselves partially advocating the said matters is their own judgment See the commission renewed Anno 1618. So they may draw to themselves any cause whatsoever agitated in inferiour courts not onely at the appellation of any notorious villaine pretending grievance but also by advocation when they shall construe the cause to be unproper or the proceedings of the infeâ—iour Court to be partiall In the narrative of the proclamation it was pretended that this high commission is erected to stay advocation of causes granted by the Lords of Councell and Session That forasmuch as it hath bene compleaened by the Archbishops Bishops and other Ministers of that his Maiesties Kingdome that advocations and suspensions are frequently granted by the Lords of Councell and Session unto such as bee in processe before them and their Ecclesiasticall Courts for offences committed whereby offenders are imboldned continuing in their wickednesse and â—ing the said advocations and suspensions or meanes to delay their tryall and punishment Therfore c. Complaint hath been made sometime by ministers and suit to stay advocations that the ordinarie indicatures Ecclesiasticall might proceed to their censures without stop but not to change advocations Are the Archbishops and Bishops with their associates honester and more conscientions men then the Lord of Councel and Session An ambitious and covetous Clergie-man is of all men the most vile and prophane Did the Bishops complaine why do they then advocate causes from inferiour Courts Ecclesiasticall seeing they have usurped the sway of proceedings in Courts Ecclesiasticall to themselves Doe they accuse themselves of partialitiall proceeding in inferiour courts or handling improper causes and will these same men bee lesse partiall and more conscientious in the high Commission If no censure can take effect without their approbation and appellations should ascend from inferiour courts to superiour courts and Synods wherefore will they rather advocate causes to this extraordinary court of high
Ecclesiasticall or civill persons as for example the Lieutenant of the Tower and the Postmaster as with us the Archbishop may assume any foure of the number to be his assessours as for example Mr. Thomas Henderson comissarie of Edinburgh M. Iohn Weemes commissarie of Saintandros M. Iames Hammilton commissarie of Glasgow and the Chauntour of Glasgow Mr. David Sharpe or any other foure Ecclesiasticall persons or civill enrolled in the letters patents These three as for example the Archbishop Postmaster and Lieutenant of the Tower have power to inquire in all heresies errours schismes contempts and enormities whatsoever which were wont to be reformed by Ecclesiasticall lawes and jurisdiction in all offences and contempts committed against the forme of their service and common prayers and other late statutes made anent Ecclesiasticall matters as also seditious bookes private conventicles adulteries fornications outragious misbehaviours disorders in marriages and other offences particularly expressed in the letters patents and all other grievous offences punishable by the Ecclesiasticall lawes of the Realme So with us the five as for example the five abovenamed have power to take triall of all offenders in life and doctrine or religion or scandalous in any of these intercommoners and recepters of Iesuites Seminarie and Masse Priests hearers of Masse and excommunicate Papists so like recusants or not communicants so like incestuous or adulterous persous obstinate contemners of the discipline of of the Kirke and excommunicate for the same all ministers preachers Doctors or masters of Schooles Colledges and universities all exhorting and lecturing Readers for preaching or speaking in publicke against the present established order of the kirk truth or estate against any of the conclusions of the bypast generall assemblies of the Kirk truth specially of the acts of generall Assembly holden at Perth in the moneth of August 1618 truth and all disobeyers of the sayd acts truth likewise writers of Pamphlets contrary to any of the constitutions of the Kirke or Printers of the sayd bookes and pamphlets truth or of any other bookes without licence These three commissioners may authorize their drunken pursevant to breake open mens studies chambers coffers letternes and search if there be any bookes or writs against their Hierarchie and the orders of their Kirke and to spoile at their pleasure These three commissioners may convent before them any subject of whatsoever degree or calling civill or Ecclesiasticall in whatsoever season of the yeare earing time or harvest from whatsoever part of the kingdome even the remotest for whatsoever offence reputed Ecclesiasticall even the lightest to the great detriment and domage of the subjects So with us may these or any other five in the number the Archbishop or any one of them being alwayes present summon and call before them at the times and places they shall thinke most convenient any person dwelling within the kingdom of Scotland and provinces of Saintandros and Glasgow These three commissioners have power to command the Shireffes Iustices and other officers and subjects to apprehend or cause to be apprehended such persons as they shal think good and take such bonds for their appearance as they shall prescrive or to commit them to prison So may the five with us direct their warrant to the Captaine and Lieutenant of the Kings guard the Provost and Bailies of the Burgh where they shall happen to sit Shiriffes and Bailies of Regalities to search take and apprehend whom they please and to present them before them The three commissioners have power to force any person convented before them whom they suspect to accuse himselfe upon his own oath to answer to their interrogatories when there is no accuser nor article of accusation libelled against him He must sweare to answer to that which he doth not as yet understand not so much as in generall And to grace this oath they call it the oath ex officio If any person refuse to take this oath hee is forthwith committed to prison The manner of taking the oath is by laying their hand or three fingers on the book to sweare by God and the contents of the booke that they shall answer truely to such things as shall bee demanded of them and when the book is kissed the oath is accepted as Barow reporteth in his Discovery And although the penalties of the statutes bee never so great as Premunire abjuration forfeiture of lands and goods and some of the offences are limited to bee tried onely in the Kings Bench yet the partie suspected shall be forced by this commission to accuse himselfe upon his owne oath upon such captious interrogatories as the wit of man can devise when there is neither accuser nor libell of accusation sayth Nicholas Fuller in his arguments and defence of his Clients This oath was set on foot under King Henry the 4. at the instant sute of the Prelates for detecting and suppressing of those whom that blind age called Lollards that is for suppressing of the Gospell which was peeping out of corners The Commons repined against that Statute ex officio and the godly wrote against it as a bloodie Maximinian law They were first ordeined to accuse themselves and then to be burnt See Fox in Henry 4. The same oath doe the Prelates now make a meanes to suppresse a due reformation of their Church Worthy Vdal and many more have ended their daies in the prison for refusall of this unjust and superstitious oath The three Commissioners have power to fine at their discretions to commit to prison for non compearance or for contumacie in refusing to obey their decrees or reputed desert of their offence and all the Iayles Wards and Prisons in the land are at their command to receive the person committed and sent by them to prison So with us the Captaines and Constables of the Kings Wardes and Castles jaylors keepers of prisons in burgh or land are charged to receive and deteyne all persons directed to them in such forme as shall be prescribed in the warrant subscribed by any five of them one of the Archbishops being alwayes of the number Neither may the imprisoned be set at libertie but at their pleasures And with us also the Lords of his Ma privie Councell are required upon the sight of any certificate subscribed by any 5. of the sayd Cōmissioners one of the sayd Archbishops being alwayes one either of fine imposed upō any party or upon the refusing to compeir before the sayd Cōmissioners to direct a summar charge of horning upō ten dayes for payment of the fine that shall be imposed upon them and to direct others letters for denouncing persons that shall refuse to compeir before the sayd Commissioners of the which letters no suspension or relaxation shall be granted without a testimony under one of the Archbishops hands of the parties obedience and satisfaction Howbeit with them they bee thus authorized by the Kings letters patents to fine ward and imprison yet are they not so
deputie The Archbishop may with the Princes consent without a Synod depose a bishop sayth Whitgift If bishops bee such vassals to Archbishops what slaves thinke yee poore ministers be As Primates or lesser Patriarches 1. of right as to admit appellations from inferiour judgements immediately 2. of the prescription of time to haue the custody of Ecclesiasticall jurisdiction during the vacancie of any Episcopall See within his owne province York is stiled Primate of England and Canterburie Primate of all England There is a fine composition of an old plea. what they may not doe as Metropolitanes they may doe as Archbishops and what they may not doe as Archbishops yet they may doe as little Patriarches As little Patriarches they may receaue appellations immediatlie So where one may not make a leap from the Archdeacon or his Officiall to the Archbishop and passe by the Bishop Yet he may leap over him to that same man as he is Patriarch And as for custody of spirituall jurisdiction during the vacancie of the Episcopall See that was the right of Deane and Chapter According to the place peculiar to the Archbishop oâ— Canterburie 1. every Bishop of his province confirmed by him must exhibite to him a Chaplaine till he provide him some sufficient benefice 2. As Primat of all England he may grant letters of tuition whereby the appellant may prosecuâ—e his appellation without molestation offered to him in the meane time The Bishops have their Chaplaines as Princes and Noblemen have more for pompe and glory then for any necessitie or utility For they will bee inferiour in nothing to the great Nobles that concerneth pride of life Noblemen for pride will not joyne themselves with the parish where they are members to worship God joyntly with them as members of one politicall body but must have their servile and flattering Chaplaines at home yet they spoile many parishes to entertaine their beneficed and non-resident Chaplaines Will the Bishops be behinde them in this Nay they will bee as noble in this trespasse as the noblest and the Archbishop will lead the ring Take this unclaime of appellations from him his letters of tuition are deere of a doyt According to the place which they hold in the civill estate either as common to both or as peculiar to any one of them Common to both either by the common Municipall law or by the grant of Princes By the common Municipall law either in things Ecclesiasticall or in things civill In things Ecclesiasticall in which they have this prerogative to receive and register the probate of wills and to grant to the partie succeeding the administration of the goods of the person dying intestate having at the time of their death Boâ—a Notabilia in divers Diocies or jurisdictions of their Province The Archbishop hath a Court which is called the Prerogative Court in which the Commissarie sitteth upon inheritances fallen either by intestate or by will and testament By the 92. Canon of the Constitutions made Anno 1603. All Chauncellours Commissaries or Officials or any other exercising Ecclesiasticall jurisdiction whatsover are commanded to charge with an oath all persons called or voluntarily appearing before them for the probate of â—ny will or the administration of any goods whether they know or moved by any speciall inducement do firmly beleeve that the partie deceased whose testament goods depend now in question had at the time of his or her death any goods or good debts in any other Diocie or Diocies or peculiar jurisdiction within that province then in that wherein the sayd partie died amounting to the value of five pounds And if the sayd person shall upon his oath affirme That hee knoweth or firmly beleeveth that the sayd partie deceased had goods or good debts in any other Diocie or Diocies or peculiar jurisdiction within the sayd province to the value aforesayd and particularly specifie and declare the same then shall hee presently dismisse him not presuming to intermedle with the probate of the sayd will or to grant administration of the goods of the partie so dying intestatâ— and shall openly and plainly declare and professe that the sayd cause belongeth to the prerogative of the Archbishop of that Province willing and admonishing the partie to prove the sayd will or require administration of the sâ—yd goâ—s in the court of the sayd prerogative and to exhibit before him the sayd iudge the probat or administration under the sâ—â—l of the prerogative within 40 dayes next following In theâ—◠〈◊〉 Canon the Rate of Bona Notbilia liable to the prerogative Court is defiâ—â—◠〈◊〉 amounting to the value of five pound at least 〈◊〉 and deâ—laring that who so hath not good in then to the sayd summe or value shall not 〈…〉 to have Bona Notabilia unlesse in any Diocie by composition or custome Bonâ— Natabilia bee rated at a greater summe Here the Archbishop hath a Court for testamentary matters which are meere civill and belongeth no wayes to a spirituall Court which may and ought to be heard and determined in Courts temporall In civill things is 1. to have the title of Clemencie which in English we call Grace 2. to have praecedencie before all the Peeres of the kingdome This title and stile of Grace is not granted to any inferiour to a Duke so that they have a â—tile aboue Marquises Earles and Vicounts They mock at Christs words Luke 22. 25. when they say that Christ forbad his Disciples onely to be called bountifull or benefactors but not to bee called gracious Lords For Christ forbidding his Disciples to beare civill rule and temporall domination forbad them the stiles which were attributed unto or usurped by civill Princes and magistrates to set forth their pompe and power and for example he alledgeth that stile which was given to some of the kings of Aegypt by one stile meaning all other of the like kinde For as he forbad them not onely to be like the Kings of Aegypt but generally like the kings of the nations so the titles of all secular Princes and Rulers that rule Nations and kingdomes are forbidden Farther there is greater pompe in the stile of Grace then of benefactor and lesse truth for there are none so gracelesse unclement and cruell scoutges in the hands either of Popes or Princes to scourge the Church of Christ. These base fellowes must also haue place before the greatest Nobles in the land and the chiefe seat in publick conventions and parliaments Canterbury must have place before the chiefest officers of the kingdome Yorke before all except the Chauncellour like the ambitious sonnes of Zebedee seeking to sit the one at the right the other at the left hand of Christ in his kingdom which they dreamed should be a glorious worldly Monarchy They have also traines of men to attend upon them greater then many Noble men and some to beare up their taile which no Noble man hath Fie The Doctours of the civill law attend in their
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
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
What is there obtained without paying a fee They have fees for excommunication for absolution for institution and induction for letters of sequestration relaxation for licences to preach for subscription of a testimoniall for commutation of pennance for licence to marry without bannes c. The judgement it selfe in which is to be considered 1. the calling for the parties to law 2. Litis contestation 3. cognition of the cause 4. the sentence 5. such things as follow the sentence as execution or appellation These things are common to every court of contentious or litigious jurisdiction Here is to be observed that such a litigious kinde of pleading for things civill and temporall becommeth not the Church of God Nos scimus sayth the Bishop of Spalato quia 1. Cor. 11. contentioneâ— faciendi Ecclesia Dei consâ—etudinem non habit nisi postquam facta est pâ—ne tota temporalis pervenerint ad papatum inquieti theologiae expeâ—â—â— juristae Here also is to be remembred the longsomnesse of Ecclesiasticall suits depending in their Courts Now the Iudge Register Advocaâ—t Proctor are all agreed to prolong suits for their advantage and so as the Prophet sayth they wrap it up Mich. 7. 3. sayth the Defender of the last petition Where he doth also insinuate that suits have been prolonged aboue two yeares in their consistories Wee have seene what civill causes and after what manner they are handled Criminall causes are brought in judgement either by accusation when there is one to accuse or by denunciation as when the Churchwardens make their presentments into ther courts twice in the year and at the visitations or by inquisition when the judge of office doth inquire into offences What are the offences and crimes punishable in Ecclesiasticall Courts and what are these which they chiefly search out and punish we have declared in the table of Visitation CHAP. 5. Of Archdeacons Chancellors Commissaries Officials and Vicars generall NOW followeth the jurisdiction exercised by the Bishops Deputies and Archdeacons whereunto I will premit the rest of Sir Francis Bacon now Lord Chauncellour his censure For the second poynt which is the deputation of their authoritie I see no perfect and sure ground for that neither being somwhat different from the examples and rules of government The Bishop exerciseth his jurisdiction by his Chauncellor and Commissary Officialls c. We see in all lawes of the world officer of skill and confidence cannot be put over or exercised by Deputie except it bee specially contained in the Originall granted and in that case it is dutifull There was never any Judge in any court made a Deputie The Bishop is a Iudge and of a high nature Whence commeth it that he should depute considering that all trust and confidence as was sayd as personall and inherent and cannot and ought not to bee transposed Surely in this againe Ab initio non fuit ita But it is probable that Bishops when they gaue themselves too much to the glory of the world and became Grandoes in kingdoms and great Counsellors to Princes then did they delegate their proper iurisdictions as things of too inferiour nature for their greatnesse and then after the similitude of kings and Count Palatines they would have their Chauncellors and Iudges But that example of Kings and Potentates giveth no good defence For the reasons why kings administer by their Judges althoâ—gh themselves are the supreame Iudges are two The one because the offices of Kings are for the most part inheritance and it is a rule in all lawes that offices of inheritance are rather matters that sound is interest then in confidence forasmuch as they may fall upon women upon infants upon lunatickes and Idiots persons not able to exercise Iudicature in person and therefore such offices by all lawes might ever bee administred by delegation The second reason is because of the amplitude of their iurisdiction which is as great as either their birthright from their Aunâ—estours or their sword-right from God maketh them And therefore Moses that was governour over no great people and those collected together in a campe and not scattered in Provinces and Cities himselfâ— lâ—kewise of an extraordinarie spirit was neverthelesse not able to suffice and hold out in person to iudge the people but did by the advice of Ieâ—hro his father in law approved from God substitute Elders and Iudges how much more other Kings and Pâ—inces There is a 3 reason likwise not much from the present purpose and that is that Kings either in respect of the common-wealth or of the greatnesse of their own patrimonies are usually parties in suits and then their Iudges stand indifferent betweene them and the subiect But in the case of Bishop none of these reasons hold For first the office is Eâ—ective and for life and not patrimoniall or hereditarie An office worthy of science confidence and qualification And for the second reason it is true their jurisdiction is ample and spacious and that their time is to bee divided between their labours as well in the word and doctrine as government and iurisdiction But I doe not see supposing the Courts to be used uncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Bishop might very well for causes of moment supply his iudiciall function in his owne person For wee see before our eyes that one Chauncellour of England dispatcheth the suits in equitie of the whole kingdome which is not by reason of the excellencie of that rare honourable person who now holdeth that place but it was ever so though more or lesse burthenous to the suiter as the Chauncellour was more or lesse able to give dispatch and if heed bee taken to that which was sayd before that the Bishops labour in the word must take up a principall part of his time so I may say againe that matter of state have ever taken up most of the Chauncellours time having been for the most part persons upon whom the Kings of this Realme have most relied for matters of Counsell And therfore there is no doubt but the Bishop whose circuit is lesse ample and the causes in nature not so multiplying where the helpe of references Certificates to and from fit persons for the better ripening of causes in their neere proceedings and such ordinary helps incident to jurisdiction may very well suffice his office Yet there is another helpe for the causes that come before him are those tithes legacies administrations and other testamentarie causes causes Matrimoniall accusations against Ministers tending to their suspension deprivation or degrading Symonie incontinencie heresie breach of Sabboth and other like causes of scandall The first two of these differ in mine opinion from the rest that is tithes and testaments for those be matters of profit and in their nature temporall though by favour and connivencie of the temporall jurisdiction they have beene allowed and permitted to the Court Ecclesiasticall
which state now will give place to none in their loyaltie and devotion to your Majestie Where it is sayd here that Deane and Chapters were at the first counsellers to Bishops it is to be understood at the first time of erecting Deane or Chapter not at the first setting up a Bishop far lesse at the first forme of Church-government planted by the Apostles For Presbyters were before Bishops and when Bishops were set up at the first they were set up by the Presbyterie and that in the degree of perpetuall Moderatorship and Presidentship onely neither was there a particular choice made of some Presbyters to sit in judgement with this President nor another besides this President Bishop to be Deane of the Presbyterie for that had beene to make a President above a president and some Presbyters Cardinall Presbyters of more esteeme theâ— the rest In the Church of Ierusalem all the Presbyten governed not a selected number D. Field a defender of the hierarchie acknowledgeth this That for a long time there was no more respect had to one Presbyter then to another but all equalâ—y interessed in the government of the Church were indifferently called to the election of the Bishops â—nd his consultations it is most cleare and evidâ—â—t Aâ—â— this he proveth in speciall of the Church of Rome by Cyprian And the first appearance of this difference that not all but Carâ—inall Presâ—yters onely were called to the common consultations in the Church of Rome it selfe that he found is in the time of Gregorius Magnus that is about 600 yeares after Christ yet he leaveth this as uncertaine But certaine it is sayth he that all the Clergiâ— had interest in the choyce election of the Bishop even in Gregories time As if now the whole ministerie and Cleargie of the citie of Lonâ—on should be admitted to the election of the Bishop and not some few Chapiter men onely Yea Bellarmine him selfe sayth Non enim jus divinum definivit ut hi potius quam illi ex clericis eligant For divine 〈◊〉 hath not determined that such and such of the Clergie more then others should choose But afterwords in processe of time sayth D. Field the Cardinâ—lls onely had interest in the election of their Bishop and they and no other were admitted to sit in Coâ—â—cell with the Bispop all other Presbyters being excluded By which meanes the dignitie of these Cardinals was greatly encreased Again Now these Cardinall presbyters were not onely in the Churâ—h of Rome but in other Churches also as Duarenus sheweth So the institution of this difference was so farre from being excellent that it thrust lawfull pastors from the government of their owne particular charges the joynt government of the church and increased the dignitie of Cardinalls These Cardinals were but parish priests and Deacons resident in their parishes and titles So are not our Chapitermen But that assistance and councel in proces of time went out of use also So it is ever dangerous to depart from the right partern and shape formes of government to our selves Alwayes this polititian alledgeth very pertinently to the shame of our bishops and their sole government that the Bishop of Rome performeth all Ecclesiasticall jurisdiction as in Consistorie We heard how Archbishops were made up with the spoyles of the Synodes So the Bishops were made up with the spoyles of the Presbyteries Would you not thinke it very absurd to see the Moderator sit by himselfe exercise all manner of Ecclesiasticall jurisdiction without the Presbyterie Of the Deane and Chapter wee will have occasion to entreat a-againe The third thing to be considered in the English Bishop is the deputation of his authoritie He hath griped greedily and taken in his own hands all the power of the Church and when he hath done that because he is neither able nor willing to discharge this burthen which he taketh on himselfe hee transferreth his charge unto other officers under him He hath taken from the Pastors the pastorall staffe of government which belongeth to every shepheard that is set to keepe Christs sheep and left them nothing but the pastorall pype to preach and minister the sacraments and hath put that pastoral staffe in the hands of strangers who are not the true sheepherds that is in the hands of Chancelours Archdeacons officialls and CoÌ„missariet vicars generall and the rest of that Antichristianâ—able of officers The 4. is their extensiue power For wheras the presbyterie choosed and set up a Bishop and no presbyter was excluded from common consultation and judgement and their meeting behoved to be ordinarie for exercise of ordinarie jurisdiction in the Church wher they governed the bounds of the Bishops jurisdiction could be no larger nor the bounds of the presbyteries jurisdiction that is wher all the presbyters might convene to exerce ordinarie jurisdiction All the presbyters of a shire or countie could not convene ordinarilie and weeklie together to exerce ordinarie ecclesiasticall jurisdiction Neither is any where in the new Testamenâ— a visible Church endowed with power of ecclesiasticall government taken for a whole shire or Countie We reade of the Church of Ephesus Philippi Ierusalem Corinth Thessalonica c. But to call the particular congregations in the countries extended in leâ—gth and breadth about these cities the church of thesâ— cities is absurd and no where to be found Hâ— would be thought to speake ridiculously whâ— would under the name of the church of Saint andros comprehend all the congregations iâ— Mers Lothian and â—ife or under the name of the church of Glasgow all the congregations iâ— Teviotdale Nithsdale clidsdale c. Citiâ— churches and towne churches the scripturâ— knoweth but not countrie churches Fâ—â— when the scripture speaketh of a Province or Countrey it speaketh in the plurall number Churches not Church in the singular Seing then there was no Diocesan Church ther was no Diocesan Presbyterie nor Diocesan Bishop No Church is above another The Church of Corinth had no superioritie over the Church of Cenchrea which was next adiacent And consequently the Presbyterie of one Church hath not superioritie over another Church therefore the Bishop chosen by the by the Presbyterie of one Church hath not power over the Presbyterie of another Church Neyther can he possibly exercise ordinarie iurisdiction in divers Churches and Presbyteries except yee will make him a Pluralist and have him gallop from one to another to keepe the ordinarie meetings which galloping was not kaowen in the Apostles times But Bishops have spred their wings over many cities and townes whole Countries and Shires that they are not able suppose they were willing to execute the power which they claime in their owne persons but must of necessity depute others And whom depute they I pray you Doctours of the civill lawe whom they make Chauncelours Officials Commissaries and other officers of the Canon law Suppose they should depute ecclesiasticall persons onely yet this should not free them