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
seemes by the 36. article to be that wee are required to subscribe unto and which it may be some of the Bishops doe still use there are other corruptions as that the coape albe surplice tuniâ—le and pistorall staffe are appointed to be used in ordination and consecration There the elected is presented by two Bishops to the consecrator who is sitting and the elder of the two Bishops sayth Most reverend father in God c. So here he is presented by two bishops to the Archbishop or any other bishop having commission to whom one of them sayth Most reverend father in God we present unto you this godly and learned man that he may be consecrate bishop There none is consecrate till the commission be shewed here likewise the Archbishop is carefull to have the Kings mandate anent his consecration to be produced and read There the elected taketh an oath upon his knees to the Pope and another of obedience to the Archbishop so here they must take one oath concerning the supremacie another of canonicall obedience to the Archbish. There the Archbi demandeth some questions so also here There is sayd or song Veni Creatâ—r so here There the Archbishop together with the Bishops then present laying on their hands say Receive the holy Ghost so here also as if the one could give and the other receive the holy spirit from his finger ends By the book of ordaining Prists and Deacons the Archbishop should lay the Bible upon the bishops neck that is to be ordained and put a pastorall staffe in his hand sayth the authour of the petition to the Queenes Majestie but they put the Bible in his hand and observe not the former direction or else follow a later booke of ordinations After these things being done the consecrator and his assistants communicate with the new consecrated bishop so here also The Gospels the Collects the Epistles the Letanie which are here used for the most part are borrowed from the same Pontificall and the Letanie interrupted here also as there There the consecrator sayth nothing more ordesâ—e then is set down in the booke either when he prayeth or demandeth or consecrateth so here There the consecrator putteth gloves on the hands of the consecrated Here the consecrated Bishop dealeth gloves as I heare to his friends for why now he is maried and the mariage betwixt him and the Church which was begun by the election is consummate they say by consecration Should not then the bridegroome deale gloves among his friends That day that our Bishops were first consecrated at London their bride at home understood nothing of the matter In respect of his function either in things concerning Episcopall order or concerning iurisdiction Concerning Episcopall order as 1. to ordaine Deacons and Ministers according to the prescript of the booke of ordinations 2. to dedicate Churches and buriall places 3. to confirme children The power of order as they call it that is a power and authority which is given to men sanctified and set apart from others to performe such acts as belong to the service of God and the discharge of the pastorall function it acknowledged by D. Field as also by the sounder sort of the Romanists themselves to be equall the same in all pastors and that there is not a greater power of order in the Bishops then Presbyters If the power of order and authoritie to intermedle in things pertaining to Gods service be equall and the same in all Presbyters who hath power to abridge this their power and limitate the exercise of it To reserve the exercise of it to the Bishop as if he alone may give orders or if other ministers joyne either casually or by Canon with him that it is not for consecration but for consent and approbation onely or that a whole Presbyterie cannot ordaine that is sanctifie dedicate or set apart any person to the ministery unlesse there be a Bishop present to utter the words of consecration is not onely absurd because it imports that God hath bestowed on them a facultie which they cannot put in execution but also dangerous for the Church of God as experience of the last age hath manifested For then all the Ministers in France and other reformed Churches who received not imposition of hands by bishops should not be lawfull Ministers Their shift of the case of necessitie is no shift at all For if they have that power by divine right as they pretend the other may in no case usurpe it Further seeing nature giveth not faculties in vaine wee must not thinke that Christ gaue a power or facultie to be idle The gifts and faculties he gaue hee gave them to be imployed not onely in time of necessitie but at all convenient times and occasions offered Where do they finde in all scripture this exception of the case of necessitie Where the law of God doth not distinguish ought man to distinguish The prayer out of the mouth of a divine bishop a minister appoynted by the presbyterie to moderate the action is it of lesse efficacie then the prayer out of the mouth either of an human or Satanicall Bishop As for imposition of hands it is a rite onely which is common to all and not essentiall Seeing then to ordaine ministers belongeth to the power of order as to preach the word and minister the sacraments doth and that this power is common to all pastors the validity or invaliditie of ordination ought not to depend upon a bishop set up by mans appointment and invention and that it was but an invention of man is clear in that this reservation restraint came in but by corrupt canons In the councell of Ancyra a canon was made to forbid the presbyters of the Citie to ordaine presbyters and Deacons without the bishops permission wherby appeareth that before that Canon was made they had ordained some without the Bishops either presence or permission and yet their ordinations were not made voyd and that after the making of the Canon they yea it is confessed that this is reserved unto them potius ad honorem sacerdetij quam ob legis necessitatem rather for for the honour of their Priesthood then the necessitie of any law at Hierome sayth Beda sayth in plainer tearmes that for pride aud arrogancie this as many other things were not permitted to Priests but reserved to Bishops That which the Iesuite Swarez sayth concerning confirmation Si prestyteri ex visuae ordinationis haberent sufficientem potestatem ordinis ad hoc sacramentum ministrandum sine causa in universum prohiberentur illud conferre may be applied to that which I affirmed of ordination that God gave not faculties and powers to be idle I have as yet onely supposed this their confirmation to be lawfull But let us now see what it is The bishop or such as he shall appoynt apposeth the children in some questions of a short catechisme for hee taketh not the paines to
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
The one to the end the Clergie might sue for that that was their sustentation before their own Iudges and the other is a kinde of pietie and religion which was thought incident to the performance of dead mens wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himselfe upon his ordinarie Judges And I thinke likewise it will fall out that those suits are in the greatest number But for the rest which require a spirituall science and discretion in respect of their nature or of the scandall it were reason in mine opinion that there were no audience given but by the Bishop himselfe he being assisted as was touched before But it were necessarie also he were attended by his Chauncellour or some other his officers being learned in the civill lawes for his better instructions in poynts of formalitie or the courses of the Court which if it were done then were there lesse use of the officiall Court whereof there is now so much complaint And causes of the nature aforesayd being drawn to the audience of the Bishop would represse frivolous suits and have a grave and incorrupt proceeding to such causes as shall bee fit for the Court. There is a third forme also not of jurisdiction but of forme of proceeding which may deserve reformation the rather because it is contrary to the lawes and customes of this land and state which though they doe not rule this proceeding yet may they be advised with for better directions and that is the oath ex officio wherein men are forced to accuse themselves and that is more are sworne unto blankes and not unto accusations and charges declared By the lawes of England no man is bound to accuse himselfe In the highest causes of treason torture is used for discoverie and not for evidence In capitall matters no delinquents answer upon oath is required no not permitted In criminall matters not capitall handled in the Starre-chamber and in causes of conscience handled in the Chauncerie for the most part grounded upon trust and secresie the oath of the partie is required But how where there is an accusation and an accuser which we call bills of complaint from which the complaint cannot varie and out of compasse of the which the defendant may not be examined exhibited into the court and by processe certified unto the defendant But to examine a man upon oath out of the insinuation of fame and out of accusations secret or undeclared though it have some countenance from the civil law yet it is so opposite ex Diametro to the sence of the common law as it may well receiue some limitation This wise Polititian maketh this overture supposing that the Bishops ample and spatious circuite will not be contracted and that these causes which in their owne nature are temporall wlll not be drawne from the ecclesiasticall Courts For such a reformation is not nor may not be 〈◊〉 at in these dayes at least Polititians will not hazard their places and hopes in seeking of it leâ—t Caesar â—tart But their is a day coming for the Antichrist and them also What we have spoken before against medling with civill causes their large Diocie and excluding the Presbyterie from the coÌ„mon governement here not mâ—lled with I need not to repeat Alwayes the reader may take up very solide reasons against the deputation of their authoritie The ordinary Iudges who under the Prince execute judiciall administration in name of others are the Bishops deputies to wit the Vicar generall for the universitie of causes belonging to voluntarie jurisdiction 2. The officiall principall for the universitie of causes belonging to contentious jurisdiction 3. The Commâ—ssary for certainâ— causes within a certaine part of the Diocie The persons having judiciall admininistration not brought in by any law have it eyther by Royall composition or privilege or prescription of time By prescription of time as 1. some in exempt jurisdictions 2. Archdeacons whose office constitute by law is to enquire in the repairing and covering of Kirks their implements in ecclesiasticall enormities to be punished to refer to the ordinary matters or greater moment to induct into benefices 2. jurisdiction as they haue it by prescription It is â—xerced eâ—ther by themselves or by their Officials 〈◊〉 Byshop hath a two fold power one of order another of jurisdiction The power of order he committeth to his Suffragane Bishop as ordaining of ministers and Deacons Bishoping of children dedication of Churches and church yards etc. Their jurisdiction is eyther voluntary or contentious The voluntary he coÌ„mitteth when he is absent to his Vicar generall the contentious he commiteth to his Chauncelour and Comâ—â—ssarie The Vicar generall then in absence of the Bishop may visite the Diocie or any part thereof give certificates into the Kings Courts of bastardie and of excommunicates commit administrations give licence to eate flesh upon forbidden dayes doe all that may be done by the Bishops voluntarie jurisdiction whereof we haue entreated already D. Field sayth that Bishops had Vicars generall that might doe all things almost that perteyne to the Bishops iurisdiction And Lindwood sayth that they might not onely enquire into but also punish and correct offences The other deputies of the Bishop may be also called his Vicars yet are they designed 〈◊〉 distinct name because they haue a distinct office to wit the Chancelour and the Commissarie The Chauncelour is the Bishops principall officiall deputed for his principall Consistorie The Commissarie is the Bishops officiall also but in some remote part onely or some places exempted from the Archdeacon and he is called in the Canon law Officialis foraneus id est extraneus sayth Canisius This distinction betwixt the Chauncellour and Commissarie is made cleare in Cowells interpreter as followeth Officialis in the Canon law is especially taken for him to whom any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in every Diocie is Officialis principalis whom the statutes and lawes of this kingdome call Chancellour Anno 32. Henr. 8. c. 15. the rest if there be more are by the Canon law called Officiales foranei gloss in Clement 2. de rescriptis but with us termed Commissaires Commissarij as in the statute of Henr. 8. sometimes Commissarij foranei The difference of these two poynts you may read in Lindwood tit de sequestra c. 1. But this word Officiall in our statutes and common law signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute above mentioned and many others places Againe Commissarius is a title of Ecclesiasticall jurisdiction at least so farre as his commission permitteth him in places of the Diocie so farre distant from the chiefe citie as the Chauncellour cannot call the subiects to the Bishops principall Consistorie without their too great molestation This Commissarie is of the Canonists termed Commissarius or Officialis foraneus Lindw