THE Altar of Damascus OR THE PATERN OF THE ENGLISH HIERARCHIE AND CHVRCH-Policie obtruded upon the Church of SCOTLAND 2. KING 16. 10. 11. And King Ahaz went to Damascus to meet Tiglath Pileser King of Assyria and saw an Altar that was at Damascus and King Ahaz sent to Vrijah the Priest the fashion of the altar and the patern of it according to all the workmanship thereof And Vrijah the Priest built an altar according to all that King Ahaz had sent from Damascus so Vrijah the Priest made it against King Ahaz came from Damascus Anno 1621. TO THE READER I Have drawen this paterne of the English Altar obtruded upon us out of their owne Tables of the Hierarchy and Church policie Muckets book their Canons and Constitutions Ecclesiasticall the statutes of the Realme the admonitions petitions assertions treatises answers and replies of those who sue for reformation the confessions of their opposites in their own defences I have followed the order of the Tables translated out of Latine and printed with a letter different from the rest I intended not a full refutation for I thought to discover it onely was to refute it sufficiently to any man of sound judgement saving that sometime there iâ— a light touch or poynting at any corruption where I suspected the simpler sort mighâ— be miscaried CHAP. 1. Of the Kings Supremacie IN the Ecclesiasticall policie of England generally are to be coÌ„sidered 1 Persons 2 possessions 3 constitutions concerning both Persons to bee considered are either such as haue some kinde of administration or such as have none at all The persoÌ„s that have some kind of administratioÌ„ have it either as supreme or not so ample The supreme or more absolute administration which is called the Kings supremacie is to be considered 1 generally 2 particularly Generally by which authority the Prince as supreme governor under God can set down in all Ecclesiasticall causes within his dominions whatsoever is not repugnant to the word of God By causes Ecclesiastical are meant not onely matrimoniall and testamentary causes and others abusively called Ecclesiasticall but also these which are in a proper sence Ecclesiastical subject to Ecclesiastical cognition and jurisdiction By the title of Supreme Governour is understood the same power which before was expressed by the title of Head of tâ—e Church of England in the dayes of K. Henrie the 8. and Edward the 6. For howsoever for removing of offence taken at the metaphorical title of Head it was changed in more proper termes of supreme governour under the reigne of Queene Elizabeth yet the sense remaineth still In the first yeare of her reigne it was enacted and ordained That such jurisdictions privileges superiorities and preeminences spirituall or Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore been or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities shall for ever be united and annexed to the Imperiall crowne of this Realme And that the Queens highnes her heirs and successors shall have full power authority by vertue of this act by letters patents under the great seale of England to assigne name and authorize when and as often as her highnes her heirs and successors shall think meet and conveâ—ient and for such and so long time as shall please her highnesse her heirs and successors such persons being naturall born subjects as her Majestie her heirs and successors shall think meet to exercise use occupie and execute under her highnes her heirs and sâ—ccessors all manner of Iurisdictions priviledges and preeminances in any wise touching or concerning any spirituall or Ecclesiacticall iurisdiction within the Reaâ—â—es of England or Ireland or any other her highnes â—â—minions or countries and to visit reforme redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of spirituall or Ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered corrected restrained or amended And for the better observation of this act it was further enacted that every Ecclesiasticall person officer and minister all and every temporall judge Iustice Maior and other lay or temporal officer and minister and every other person having her highnes fee or wages within the Realm of England or any of her highnes dominions shall make take receive a corporall oath upon the Evangelist before such person or persons as shall please her highnes her heirs or successors under the great seale of England to assigne and name to accept and take the same according to the renor and effect hereafter following I A. B. doe utterly testifie and declare in my conscience that the Queens highnes is the onely supreme governour of this Realme and of all other her highnes dominions and countries as well in all spirituall or Ecclesiastical things or causes as temporall and that no forreigne Prince person prelate state or Potentate hath or ought to have any iurisdiction power superiority preeminence or authoritie Ecclesiasticall or spirituall within this Realme and therefore I doe utterly renounce forsake all forraigne iurisdictions powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegeance to the Queenes highnes her heirs and lawfull successors and to my power shall assist and defend all iurisdictions privileges preeminences and authorities granted or belonging to the Queenes highnes her heirs and successors or united and annexed to the Imperiall crown of the Realme So helpe me God and by the contents of this book The title then of Supreme Governour in the oath is explained by the preceeding words of the statute to which and for observation of the which the oath is subjoyned viz. that the Prince hath all manner of spirituall or Ecclesiastical jurisdiction and all manner of privileges and preeminences any way touching or belonging to the same which was before or may be lawfully exercised for visitation of the Ecclesiasticall state reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities and that he may commit the exercise of the same to any of his naturall born subjects whom it shall please his highness to constitute commissioners in causes Ecclesiastical to judge discern and correct in matters of Idolatry simonie errour and heresie and all other causes Ecclesiasticall whatsoever This oath of supremacie is different from the oath of fidelity or allegeance devised of late That requireth no further theÌ„ to acknowledge the king to be lawful righteous king and to sweare obedience and fidelitie to him notwithstanding he be excommunicated by the Pope to acknowledge that the Pope notwithstanding of his excommunications cannot depose kings and dispose of kingdomes at his pleasure The Papist is straitned with this oath of
allegeance but not with the oath of supremacie for feare of troubling his tender conscience The statute of the supremacie was explained the same year of Qu. Elizabeths raigne in an admonition added to the injunctions as followeth That her Maiestie neither doth nor ever will challenge any other authority then was challenged and lately vsed by the noble kings of famous memory king Henry the 8. and king Edward the 6. which is and was of ancient time due to the Imperial crown of this Realme that is under God to have the soveraignty and rule over all manner of persons born within these her realmes dominions and countries of what estate soever they be either Ecclesiasticall or temporall so as no other forraigne power shall or ought to have superiority over them In this admonition the subjects are made to understand that her Maiestie did not claime power to minister divine offices in the Church as to preach the word and minister the sacraments They have been too simple who have construed the statute in such a sense For no wise man will thinke that kings and Queens will take upon them either the paines or worldly discredit to preach the word minister the sacraments intimate to the congregation the sentence of excommunication The statute doth make no mention of divine offices in the Church but of jurisdiction Ecclesiasticall which is and was in time of papistrie exercised at visitations and in Ecclesiasticall courts This explanation therefore of the admonition annexed to the Injunctions and ratified by Parliament in the fift yeare of Qu. Elizabeth derogateth nothing from the former statute but onely summeth it in more generall tearmes To challenge no more then was challenged and lately used by the noble kings of famous memory K. Henry 8. and Edward 6. is to challenge to be head of the Church to have all jurisdiction Ecclesiasticall flowing from the possessour of the Crowne as from the head and fountaine Mr. Fox in his Acts Monuments relateth that in the 34. of K. Henry the 8. it was enacted That the king his heirs and successors kings of that Realme shall bee taken accepted and reputed the onely supreme head on earth of the Church of England and shall have and enjoy annexed and united to the Imperiall crowne as well the title and stile thereof as all honours dignities preeminences iurisdictions priviledges authorities immunities profits and commodities to the sayd dignitie of supreme head of the same Church belonging and appertaining and that they shall have full power authority from time to time to visit represse redresse reforme and amend all such errors abuses offences contempts and enormities whatsoever they be which by any manner of spirituall authority or iurisdiction might or may lawfully be reformed repressed ordered redressed corrected or amended In a rescript of Edward the sixth it is thus written to Cranmer Archbishop of Canterburie Seeing all manner of authoritie and iurisdiction as well Ecclesiasticall as secular doth slow from our regall power as from a supreme head c. we give unto you power by these presents which are to endure at our good pleâ—sâ—re to give and promove to the sacred orders even of the Eldership or as they use to speake Priesthood any within your Diocie Anno 1. Edw. 6. cap. 12. an act was made That the Bishop should bee maâ—e by the Kings letters patents and not â—y election of Deane and Chapter and that they should make their proces and writings in the Kings name and not under their own names and that their seales should be the Kings armes This act repealed in the 1. of Queen Mary was revived in the 1. of K. James It was objected to Bishop Farrar in the dayes of the same yong king Edward that hee deserved deprivation because hee constituted his Chancellor by his letters of commission omitting the kings majesties stile and authority and that he had made collations and institutions in his owne name and authority without expressing the kings supremacie His answer was that howbeit there was some default of formalitie in the commission yet his highnes stile and authority was sufficiently expressed in the sayd commission Neither did the sayd Chancellor offer to visit but in the Kings name and authority to the sayd Bishop committed And as to the other poynt that hee made his collations and institutions in his owne name not by his own authority nor by any others save the kings authority expressing in them the kings supremacie with the Bishops own name and seale of office Whitgift sometime Bishop of Canterburie sayth We acknowledge all jurisdiction that any court in England hath or doth exercise be it civill or Ecclesiasticall to be executed in her Majesties name and right and to come from her as supreme Governour And againe in another place The Prince having the supreme government of the Realme in all causes and over all persons as she doth expresse the one by the Lord Chancellor so doth she the other by the Archbishops Dr. Bancroft who was afterward made Bishop of London and at last Bishop of Canterbury in a Sermon made at Pauls Crosse anno 1589. maketh her maiesty a petie Pope and assigneth unto her not some of the Popes power but all honours dignities preeminences iurisdictions privileges authorities profits and commodities which by usurpation did at any time appertaine unto the Pope belike relating the words of the act made in the 34. Henry 8. Our Bancroft Mr. Spottiswood pretended Archbishop of Saintandros at the pretended deposition of N. in the high commission sayd likewise I say unto you N. the king is now Pope and so shall be To be supreme governour in all causes Ecclesiasticall then is not onely to be an avenger with the sword as Bilson would make the Iesuits beleeve in his book of obedience but also to be judge in matters of errour and heresie superstition and idolatry and all other causes Ecclesiasticall and as a supreme governour to communicate this power to auy naturall borne subject In the Parliament holden at Perth anno 1606. where a number of the Nobility consented to the restitution of the Bishops to their 3 estate and old privileges that they might get the other prelacies erected in temporall Lordships it was declared in the second act That the whole estates of their bounden dutie with most hartie and faithfull affection humbly and truely acknowledge his Maiestie to be soveraigne Monarch absolute Prince iudge and governour over all persons estates and causes both spiritnall and temporall within his sayd Realme He is then not onely governour but judge also over all causes But the nature of the supremacie may be yet better conceived when we have taken a view of the particular rights of the supremacie and of the power granted to the high commission The Kings supremacie considered particularly consisteth either of things which are granted onely by statute or restored by statute as due of right to the Royall Crowne Granted first by
of Shires from Synodes to Nationall Assemblies they must step up a Popish ladder by Archdeacons Officials Bishops Deane of Arches Archbishops saving that at the top of the ladder they finde the Prince for the Pope to whom they must not appeale nor yet to any greater Councels of many reformed or unreformed Churches or to an oecumenicall Councell whatsoever they talke of Generall Councels Now the causes convoyed by these subordinate appellations are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts Of which causes wee are to treat in the third chapter These which belong to Canons or Ecclesiasticall lawes concerne either the making of them or the administration and execution of them or the relaxation of them As for the making of them 1. in that the Prince may make new lawes anent ceremonies and rites with advice either of his Commissioners in causes Ecclesiasticall or of the Metropolitan 2 Synod provinciall or nationall may not be convocated without the Princes writ direct to the Metropolitan 3. Nothing may be treated or determined in the Synode till the Prince first be made privie and give assent 4. Nothing shall have the force of a law till the Royal assent of the Prince be given to those things which the Synod shall think good to decree Beza in his 8. Epistle to Grindal Bishop of London confesseth that he trembleth and shaketh at the first of these heads And in very deed it may turne upside down the whole government of the Church and outward forme of Gods worship overthrow the one and deface the other Did not the Bishops affirme at the examination of Barow that the Queen might establish what Church government it pleased her Highnes Because they dare not affirm that Princes may change any thing that is unchangeable by divine law therefore they make many unchangeable things both in government and externall ceremonies in Gods worship to bee changeable that they make a change at their pleasure and may bring in all that ever was hatched by the Antichrist a Popish Church government significant rites and symbolicall toyes and ceremonies For what may a corrupt Prince and a corrupt Metropolitan or some few corrupt commissioners not challenge for changeable Nay even rites of order and comelines and lawes of things indifferent for a religious use should be considered by the lawfull and ordinary assemblies of the Church how they agree with the generall rules prescribed in the word how they will edifie the Church how God shall be glorified Christian charitie entertained order and comelines preserved For we must not consider things indifferent onely in â—heir generall kinde but in their particular and circumstantiall use which if we permit to Princes they may abuse indiffereÌ„t things to the great hurt of the Church Synods ought not to be convocate without the Princes privitie or the warrant of the law in generall but if the Prince be wilful in denying his assent and the Church be in extreame danger ready to be overwhelmed or greatly disturbed with heresies schismes divisions enormities we may use the benefit of the law and if the law of man be wanting yet the Church should not cease from doing her dutie and exercising that power which is granted her by Christ who hath also promised his presence when but two or three are convened in his name Salus Ecclesiae suprema lex esto The power of Christian Princes in the Church is cumulative to aid her to execute her power freely not privative to deprive and spoile her of any power Christ hath granted to her And by the same reason the Church may entreate determine and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments notwithstanding the Prince will not assent approve ratifie the Canons of the Church nor confirme them by his lawes and fortifie them with temporal punishments Prudence I confesse is required in the Church to weigh the case of necessity when to put this â—er power in practise As for the administration and execution of lawes in that the Prince may 1. visit the Ecclesiasticall state and their persons 2. reforme redresse and correct them and whatsoever sort of heresies schismes errours abuses offences contempts and enormities of any whomsoever 3. to assigne nominate and authorize when and as often as it is his pleasure such persons being naturall borne subjects as he shall think meet 1. to exercise and execute all manner of jurisdictions privileges and preeminences in any wise touching or concerning any spirituall or Ecclesiastical jurisdiction 2 to visit 3 to reforme correct and amend all such excesses or defects whatsoever which by any maner of Ecclesiasticall power authority or jurisdiction might been have been reformed ordered corrected amended or restrained The Princes power in visiting reforming and correcting abuses enormities errours heresies c. may be seen as in a liuely picture in the high commission to be not onely a temporall power but also a spirituall to inflict Ecclesiasticall censures punishments For the Prince could not communicate this power to his Delegate Commissioners except he claimed it to himselfe as Principall For none can transferre that to others which he hath not himselfe It must follow therefore that the Princes power is Ecclesiastical not onely in respect of the object and matter whereupon it worketh as heresies errours abuses c. but also formally in respect of the manner to wit by inflicting Ecclesiasticall censures and punishments unlesse we will affiâ—me that suspension deposition excommunication are not Ecclesiastical but civill punishments and censures which were absurd We shall entreat of the power of the high commission in the next chapter severally by it selfe As for the relaxation of the Canons or lawes in that 1. first for ever when as they are altogether abrogated by the Prince 2. for a time onely as when hee granteth remission of any crime or transgression of the Canons for times by gone and to come when both infamie is abolished and the transgressor is restored to his former state 4. When the grace of the Canon is granted for time to come to any certaine person upon speciall occasion the cause being tried which grace they call dispensation which is for the most part done when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute are confirmed with the great seale of England or when if he without just cause refuseth the Chancellour of England granteth them primarily according to the statute made thereanent If the Prince may abrogate the canons of the Church without consent of the church in vain were the Canons of the Church made Or that the Church may not abrogate any canon when they finde it proveth inconvenient is as great an inconvenience In vaine likewise are canons strengthened and guarded with censures and punishments and the black markes of infamie set upon heynous crimeswith the legall effects thereof if the Prince may abolish the crime as simoniacall paction or any the like
or else infamie arising upon the crime and make petent the ports of Ecclesiastical dignities to infamous men against the rule of the Law Infamibus portae ne pateant dignitatum The Prince granteth also dispensations either primarily by his Chancellour if the Archbishop refuse or secundarily confirming the faculties and dispensations granted by the Archbishop and so by dispensations may dissipate and wound at pleasure the Canons of the Church Now the Prince may dispense by their lawes in all causes wherin the Pope of Rome was wont to dispense of old The third sort of rights restored as due to the crowne which were not in use but since the Popes authority was driven forth concerne Benefices Ecclesiasticall and Dioceses in that the Prince may 1. enjoyne the Archbishop to confirme the election as also to consecrate the elected into the Bishopricke 2. to unite and consolidate or to divide lesser Benefices or Bishopricks which were before united 3. to grant a vacant Bishopricke or lesser Benefice in title of trust which they call a Commendam 4. to translate Bishops from one Bishopricke to another 5. of two which are nominated to choose one to be a Suffragane Bishop 6. to enlarge or contract the bounds and marches of any Diocie Election confirmation and consecration of Bishops were performed of old all at one time and that in a Synode of Bishops If the Prince may unite and enlarge Diocies and Parishes without the consent of those who have interest hee may make parishes Diocies and Diocies great Provinces The competent flockes for Pastors should bee measured by the Church who calleth them and knoweth best what burthen is most proportionable to their strength Bishops should not be translated at Popes or Princes pleasures as it often commeth to passe in our times The old Canons condemne this leaping from See to See Ambitious and covetous men cannot content themselves till they get either a fatter or more glorious Bishopricke Some are not content of one Bishopricke except they also get the commendam and custody of another They must not have two Bishopricks at once by the Canons yet heir a tricke one they may have in title of a Bishopricke another by way of trust and custody till it bee planted A man may not have two wives yet hee may have two women one as a wife another as a Lemman Some of them have keeped another Bishopricke in commendam sixteene or twentie yeares as the Bishop of Glocester was commendatare of Bristow Yea they may keepe this Lemman all their life time if it please the Prince to bestow a perpetuall commendam For commendams are not onely temporarie but also perpetuall whereas of old they endured onely for sixe moneths or some like short space They enrich themselves not onely with Commendams of other Bishoprickes but also when that cannot be had with the commendams of fat parsonages and lesser benefices The Diocesan Bishop hath a greater taske then hee can commodiously expede or else because hee is a loytering Lord he must have a suffragane Bishop to exercise some pontifical parts of his office in some part of the Diocie and disburthen him that farre This Suffragane Bishop is to be chosen by the Prince out of the Leits of the two presented by the Diocesan Bishop according to the statute made 26. Henr. 8. cap. 14. Translating of Bishops erecting and changing of Bishops Sees union of Bishoprickes enlarging of Diocies were in time of Poperie Papall cases reserved for the Pope of Rome We say then that the Prince as supreme head and governour of the Church of England is supreme judge in matters of heresie simonie idolatry and all causes whatsoever hath all maner of spirituall jurisdiction united to the crowne may commit the exercise and execution of the same to others also so that they bee naturall borne subjects may conferre benefices and consequently give Pastors to flockes may choose Bishops without Dean and Chapter receive appellations abbrogate canons abolish infamie and restore the infamous to dignities grant dispensations in all causes where the Pope was wont to dispense give Bishoprickes and lesser benefices in commendams enlarge contract unite divide Diocies c. And this hee may whether he be a Christian or not so that he be righteous possessour of the Crowne for all the particulars above rehearsed are sayd to be due of right to the crowne so that true or false Christian or infidell male or female man or child have all alike right What is due to the Christian Magistrate is due indeed to him not because he is a Christian but because he is a Magistrate A Christian Prince doth understand better how to use his righteous power then the infidel but hee can claime no further authority then the infidell and his power is onely cumulative as I have sayd not privative Now whether the particulars above rehearsed belong to any Prince whatsoever be he true or false Christian or infidell I think him too simple that cannot judge CHAP. 2. Of the High Commission THE High Commission is called commission of jurisdiction in causes Ecclesiastical it is called the high commission by the favourers of it to strike a greater terrour in the hearts of subjects The commissioners are partly civil partly Ecclesiasticall persons as the Archbishops certaine other Bishops Deanes Archdeacons Chancellours some of the secret counsell and of the chief Iudges Courtiers Aldermen sometime the Lieutenant of the Tower the Post-master and others making up a great number But it is not requisite that all these whose names are set down in the kings letters patents should be present at every Session to make up a full judicature but power is given to any three of the number the Archbishop being alwayes one As with us are nominated and appoynted by the Kings letters patents to the number of fortie or fiftie persons Bishops Counsellors Noble men Barons Commissaries Ministers yet power is given to any five of them to make up the full judicature the Archbishops of Saintandros and Glasgow or any one of them being of the number of the five alwayes And as with us so there also graue Counsellours and Iudges and other of honorable respect may well be desired to be present when an incestuous person or some other maâ—efactor is brought before them that their countenance at one time or other may bring credit to their great authority But when a minister or any other godly professour is to bee troubled for nonconformity or writing against crossing and kneeling or having or spreading of bookes touching reformation of abuses and corruptions in the Church then are they not desired lest being present they should perceive the mysteries of their iniquitie by which they uphold their pompe and Lordly Domination If there be a courtier or new upstart that favoureth them or dare not controll them hee may well be advertised to be present The Archbishop hath power to associate unto himselfe any two nominated in the Kings letters parents whether they bee
the bounds of the Roman Empire the governours framed the government according to the forme of the Empire and made degrees in the Church like to degrees in the common-wale They intended not to set up the Antichrist but being led partly with carnall wisedome partly with ambition and vainglory wittingly and willingly did that which brought in the Antichrist and so the mysterie of iniquity which began to work in the Apostles time wrought on still till Antichrist come to his full strength and perfect age While they were framing degrees according to the fashion of the Romane Empire first Bishops then Metropolitanes then Primates then the foure great Patriarches they were but forming the second beast according to the image of the first beast and the Bishop of Rome one of the foure Patriarches became the head Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age as they were after and have been ever since even to this day They hatched him and he hath rewarded them with greater authority and power But giving and not granting the Diocesan Bishops to bee of divine or Apostolicall institution we will in this chapter onely let you see the Archbishops unlawful superiority over them Persons having lesser ample administration having eyther iudiciall administration or administration not iudiciall eyther constitute by law or introduced without law constitute by law as the administration of the ordinarie Iudges They doe execute it under the Prince either in their owne name or the name of others In their owne name as Bishops so called either with addition as Archbishops or simply Bishops Archbishops being in England two Canterburie and York are considered eyther in respect of their peculiar Diocies in all respects as other Bishops or in respect of the whole province according to the place which they hold eyther in the ecclesiasticall state or the civill In the ecclesiasticall estate eyther according to the place which they hold cōmon to both the Archbishops or that which is peculiar to Canterburie According to the place which is common they are to be considered eyther as in their ordination or as after their ordination In the ordination it selfe it is to be considered that if they the Archbishops haue not been heretofore Bishops they must be consecrated by some Bishops If they haue been Bishops then their election onely is cōfirmed by some Bishops Metropolitanes were chosen confirmed and consecrated of old not by some but by the whole Synode of the comprovinciall Bishops But the English Bishop have no Provinciall Synods to any such purpose They have neither the Discipline prescribed in Gods word nor the Discipline of the old Bishops and Metropolitanes but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist Here also wee see a signe that they make the Bishop and their Priest of a different order For a Priest when he is made a Bishop must receive a new consecration But a Bishop when hee is made an Archibishop is not consecrated of new howbeit hee bee in degree of power and jurisdiction above other Bishops After ordination they are to be considered either as Metropolitanes or as Archbishops or as Primates or as lesser Patriarches The English Metropolitanes have onely Bishops under them yet sayth Mucket they enjoy the titles and discharge the functions of Archbishops and Primates also Metopolitans at the first were not called Archbishops as I have sayd but the Patriarches greater and lesser onely to whom appellation was made from the Metropolitane But when Metropolitanes began to receive appellations then this proud stile descended to them also as we will see incontinent that as Bishops they received appellations They will extoll the wisedome of the ancients in framing degrees in the Church and yet they themselves confound these degrees and offices and make one man to bee a Metropolitan an Archbishop and a Patriarch Many degrees were made to the Pope to climm up to his throne that beeing done then was there confusion againe We have this confusion then out of Babylon As Metropolitanes 1. in confirming the elections of the Bishops of his Province 2. in consecrating these Bishops together with other two Bishops By the auncient Canons it was ordained that all the Bishops of the Province should assemble to the election confirmation and consecration of the Bishop also and the Metropolitan was present with the rest as one of the number and moderator onely of the convention and the action was common The Bishop of Spalato confesseth that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath By their own book of orders it is not needfull that the Archbishop consecrate a Bishop but an inferiour Bishop may do it for him yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him How can they then bee so shamelesse as to say that Archbishops bee of divine institution if another may consecrate a bishop as well as hee whether it bee with his consent or without it Abbots who have been but simple Priests have of old ordained bishops without either commission or consent of Archbishops as Beda restifieth Of the forme and rites of their consecration wee shall entreat in the next Chapter This that they call consecration of Bishops was not known to the purer Church The ministers chose one of their number to bee a perpetuall moderator of the common actions and called him Bishop as at Alexandria where he was first hatche◠and made at the first but onely perpetuall president and this was all 3. In convocating Provinciall Synods according to the Kings rescript 4. in moderating Synods and giving the last voyce Their Provincial Synods are not like the provincial Synods which wee wont to have For ours were but Synods of Shires 4 5 or 6 classicall Presbyteries assembling together twice in the yeare But their Provinciall Synode is a Synod of the Bishops of one Province All the Diocies of the Archbishop and of his suffragane or comprovinciall Bishops which are under him make but one province And seeing they have onely two Archbishops they can have but onely two Provinciall Synods The Metropolitane convocateth the Provincial Synod upon the Princes letter which happeneth very rarely If the Prince direct his letter to any Bishop as sometime hee hath done what need is there of a Metropolitan For they say we cannot have Synods unlesse we have Metropolitanes to convocate them and this is a chiefe part of his function If so be why doth he not exerce his function without a particular letter of the Prince as well as the Bishop doth in convocating his Diocesan Synod If that be a part of his ordinary power to him as this to the other why doth it depend on the Princes letter and how dare a common Bishop take upon him notwithstanding of the Princes letter that which of office apperteineth to the
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
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
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
authorised by the statute whereupon the Commission is founded which I have set down in the beginning of the first chapter For it was ancient jurisdiction Ecclesiasticall which was restored to the Crown in that act and meant to be executed by the Commissioners as Nicholas Fuller avowed in the defence of his Clients But to fine imprison and force any person to accuse themselves upon their own enforced othes their being no accuser known nor accusation libelled he proved was not ancient jurisdiction Ecclesiasticall but brought in in the second yeere of â— Hen. the 4. In the record of the worthy proceedings of the House of the Commons at the Parliam holden 1610 we have this greivance Secondly for that whereas by the intention and words of the sayd statute Ecclesiasticall jurisdiction is restored to the Crowne and your highnessly that statute inabled to give onely such power Ecclesiasticall to the sayd Commissioners yet under colour of some words in that statute whereby the Commissioners are authorized to execute their commission according to the tenour and effect of your â—ighnesse letters patents and by letters patents grounded therupon the sayd Commissioners do fine and imprison and exercise other authority not belonging to the Ecclesiasticall jurisdiction restored by that statute which wee conceive to bee a great â—â—rong to the subjects Aud that these Commissioners might as well by colour of these words if they were so authorized by your Highnesse letters patents fine without stint and imprison without limitation of time as also according to will and discretion without any rules of law spirituall or temporall adiudge and impose utter confiscation of goods forfeiture of lands yea the taking away of limme and of life it selfe and this for any matter whatsoever pertaining to spirituall jurisdiction Which never was nor could bee meant by the makers of that law To fine and imprison at pleasure are punishments belonging to the temporall sword which Christ hath forbidden his Apostles and all Pastors their successors to use The weapons of their warfare are not carnall but spirituall Christ committed unto them keyes not swords In very deed there is no crueller beast nor more tyrannous then a degenerate Churchman Hee is more insolent and outragious with the Dative sword then Princes are with the Native Why should they not be like their eldest brother that bloody beast of Rome Degenerate Clergimen will either usurpe the power of the temporall sword or take it when it is offered but â—ver abuse it The three commissioners may inflict spirituall censures and punishments as suspension deprivation deposition excommunication They may call for a Priest comand him to denounce and declare in some Cathedrall Church or other publick place the offender to bee excommunicated but they enquire cognosce decerne and pronouuce the sentence of excommunication in their Court and the excommunicate may be denounced long after and howbeit the Priest should pronounce the sentence in judgement yet he should bee onely like the dempster that pronounceth the doome or like the hangman or poore slave directed by the judge hee neither inquireth cognosceth nor decerneth Yet if ye think the coÌ„missioners may excommunicate because the Archbishop is present ye are deceived for his power in the high commission is not Episcopall nor Archiepiscopall but delegate onely from the Prince which other assessours not Bishops have as well as he and by this delegate power he with his two associates as I have sayd may inflict this censure upon any subject within England or Ireland which hee cannot doe as Bishop or Archbishop for their jurisdiction ordinary is limited within the bounds of their Diocie or Province When Spottiswood pretended Archbishop of Saintandros was but a rurall minister in Calder and Law of Glasgow a rural minister at Kirkliston possessing onely the rents of Bishoprickes not authorized as yet with the office of Bishops for that pretended Assembly of Glasgow was not yet convocated yet were they armed with power to decern excommunication against any subject within our Realm to command the minister of the offender to proceed against him and if he refused to suspend deprive or ward him They were thus armed immediatly before that pretended assembly with power of warding â—ining imprisoning suspending degrading and decerning excommunication without the consent of the Church or approbation of the Estates that they might wring out of the hands of the Kirke at that corrupt and pretended Assembly EpisEpiscopall jurisdiction which many times they protested never to usurp before and without the free consent of the Church obtained thereunto O perfidious violence What we have said of excommunication may be likewise said of suspension deprivation and deposition The Archbishop doth not suspend or deprive as Archbishop but as the Kings Delegate Iudge and Commissioner by which power he may suspend or deprive Ministers out of the bounds of his ordinarie jurisdiction which no Bishops or Archbishops may doe by their ordinarie power We had a late example in our own Archbishops about two yeares since for when Mr. Spotiswood was at Court Mr. Law pretended Archbishop of Glasgow suspended Mr. Blyth and Mr. Forrester from their ministerie which he could not doe as Archbishop for they were neither within his Diocie nor his province He did it then as head of the Commission sitting for the time that is by a delegate power from the King To let passe that at that same vile Assembly no mention was made of Archbishops and paction was onely made with these men who had the benefices for which vulgarly they were called Bishops that excommunication suspension deprivation and deposition should not be coÌ„cluded without theÌ„ not that they might suspend deprive excommunicate by themselves and at their pleasures in the high Commission or any where else but according to the damnable Canons made by that wofull but pretended and null Assembly Farther the Prince may inable one or moâ— lay men with this same commission wihout mixture of Ecclesiasticall persons It is then an extraordinary power wherewith they are inabled by the Prince to suspend depose and excommunicate But the Prince hath not this power himselfe and therfore by no right of Gods law may he communicate this power unto them and it is a proud usurpation over the Church to them to receive it or exercise it In the Parliament holden 1592. some acts which were made in that turbulent time of the 1584 yeare were repealed as followeth Item our Soveraigne Lord and Estates of Parliament foresayd abrogates cassis and annulls the act of the same Parliament holden at Edinburgh the sayd yeare 1584. granting commission to Bishops and other iudges constitute in Ecclesiasticall causes to receive his highnesse presentations to benefices to give collation thereupon and to put order in all causes Ecclesiasticall which his Maiesty and estates foresayd declares to be expired in the selfe and to be null in time comming and of none availe force nor effect Not withstanding of this repealed commission our
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
commission In England if a man stand wilfully fourty daies together excommunicate and be accordingly certified by the Bishop into the Chancerie that then he is to be committed to prison by vertue of a Writ directed to the Shriefe as it is sayd in the Apologie of certaine proceedings in courts Ecclesiasticall And in a wrâ—â— de excommunicato capiendo it is sayd quod potestas regia sacrosanctae Ecclesiae in querelis suis deessâ— non debet The ordinarie lawfull courts Ecclesiasticall farre more then should be aided and assisted by the secular power and not molested or stopped The truth is that this high commission is erected to suppresse the libertie of the Kirk to maintain the usurped power and tyrannous domination of our perfidious Prelates over Synods generall Provinciall Presbyteries sessions to effectuate the intended conformity which they know they will never get done in Synods and Presbyteries unlesse the terrour of this high commission were standing above their heads And therfore when they urge conformity they haue their recourse to this weapon or in Synods and Presbyteries men are terrified with the feare of it This is their strong castell out of which they command and hold in slavery bondage the whole citie Here the Bonifacian Prelats stoutly draw the two swords fine consine suspend deprive imprison c. But the couragious souldier fighting the Lords battell will not bee borne downe with any such outrages and terrours Now as they receive appellations from inferiour courts no appellation can bee made from these three or our five suppose their injustice and tyranny cry never so loud I wonder if the heart of any faithfull Patriot let be conscientious professour can digest this These three Commissioners may appoynt inferiour Commissioners from whom also as subdelegates they may receive appellation I will add out of the record of the grievances of the house of Commons these considerations First out of the statute that the said act is found to be inconvenient and of dangerous extent in divers respects for that it inableth the making of such a commission as well to any one subiect borne as to more Item for that by the sayd Statute the King and his successors may howsoever your Maiestie hath beene pleased out of your gracious disposition otherwise to order make and direct such commission into all the Countries and Diocesses yea into every parish of England and therby all causes may be taken from ordinary jurisdiction of Bishops Chancellers and Arch-deacons and Lay-men solely be inabled to excommunicate and exercise all other spirituall censures For that limit touching causes subiect to this commission being onely with these words viz. such as perteine to spirituall or ecclesiasticall jurisdiction it is very hard to know what matters or offences are included in that number And the rather because it is unknown what ancient Canons or lawes spirituall are in force and what not from whence ariseth great uncertainty and occasion of contention Out of the commission grounded upon the statute That the commisson giveth authoritie to inforce men called into question to enter into recognisance not onely for appearance from time to time but also for performance of whatsoever shall be by the Commissioners ordered And also that it giveth power to enjoyn parties defendant or accused to pay such fees to ministers of the Court as by the Commissioners shall be thought fit As for the execution of the commission it is found grievous these wayes among other 1. For that lay men are by the commissioners punished for speaking otherwise then in iudiciall places and courtes of the simonie and other misdemeanours of spirituall men though the thing spoken be true and the speech tending to the inducing of some condigne punishment 2. In that these commissioners usually appoynt and allot to women discontented at and unwilling to live with their husbands such portions allowances for present maintenance as to them shall seem fit to the great encouragement of wives to be disobedient and contemptuous against their husbands 3 In that their pursevants or other ministers imployed in the apprehension of suspected offenders in any things spirituall and in the searching for any supposed scandalous bookes use to breake open mens houses closets and deskes rifling all corners and secretâ— custodies as in cases of high treason or suspition therof Their commission is grounded upon a statute and act of Parliament howbeit it agreeth not with the statute Wee have not so much as a shew of a statute for commission of jurisdiction in causes Ecclesiasticall and yet our usurping Prelates tyrannize over loyall subjects faithfull Patriots conscientious professours deserted by these who will be counted fathers of the Common wealth left open and naked to their violent rage without any protection of the law as if they were but the vile off scourings of the land Will not the estate in Parliament redresse this proud usurpation Shall the house of Commons in their Parliament bee grieved not onely at the exorbitant power of this high commission but also at the statute it selfe and shall our nobles and inferiour estates not be grieved at our usurped commission Or will they suffer the like statute and make the countrey mourn and groane for it the next day as our neighbours have done Can Princes or estates give power of spirituall censures either to lay or spiritual men Or may they lawfully put the temporall sword in the hand of Pastors Or may spirituall men as they call them accept it If neither can be done how can the estates erect ratifie or suffer such a commission What is this but the Spanish inquisition Set me up this throne Satan shall set up Papistry or any other religion whatsoever in short processe of time For they sit at the rudder and may turn religion as it pleaseth them and when they see fit occasions and themselves to have able power CHAP. 3. Of the dignitie and power of Archbishops in England THis proud name of Archbishop is not to be found in all the Scripture It was not attributed to any common Metropolitans at the first but to the renowâ—ed and mightie Giants the Patriarches of Constantinople Antioch Alexandria and Rome who were mounted farre above Metropolitanes when the time was neere that the Antichrist should be mounted on horsebacke But after that he was mounted then Metropolitanes that they might keepe some proportion with their head were lifted up to a degree of power above other Bishops invested into an office that the book of God the Apostolical Church never knew to consecrate Bishops to convocate Synods to receive appellations froÌ„ the courts of inferior Bishops to visit the Diocies of other Bishops within the Privince A Diocesan Bishop that is a Bishop over many flockes and Pastors of one Diocie was unknown to the Apostles far more a Bishop of Bishops a provincial Bishop an Archbishop having iurisdiction and power over the comprovinciall Bishops The Church being for the most part within
Metropolitan Ye may see that this part of his function also is not of divine institution that is so dependant and changeable at the pleasure of princes as they confesse themselves Neyther is it requisite of necessity to haue a Metropolitane to convocate Synodes for Synodes at the first assembled without Metropolitanes And in our age both in our owne and other reformed Churches Synods have assembled where there is no Metropolitane Nay rather Synods would be more frequently convocated if they were altogether removed it is so farre from the truth that either we cannot have Synods unlesse we have Metropolitanes or that God hath ordained in his word that they should convocate Synodes For we haue no Synods Metropoliticall but onely Diocesan since Metropolitans have beene set over our heads nor yet national but seldome and dressed before hand for their purpose If it be not of divine institution that the Metropolitane should convocate Provinciall Synods neither is it to moderate And as for necessity there is none as experience of our owne and other reformed Churches can beare witnesse yea in their owne last Synode Banâ—roft Bishop of London was president It may be that it was his Papsticall office which hee had of old For in the Catalogue of the seventy Archbishops Canterbury is made the head of all â—ur Churches all Bishops sworn to Canonicall obediâ—nce of that Archbishop and defence of all privileges and liberties of that seat Where the Bishop of London is his Deane to call Synods to publish his decrees to make returne of the execution Winchesteâ— his Chancellour Lincolne his Vicechancellour Salisbury his Chaunter Worcester his Chaplaine Rochester his Crosse-bearer As Archbishops 1. in receiving of and answering to appellations interposed made from his Suffragane Bishops 2. In visiting the whole Province according to the lawes and custome As the Bishops haue suffragane Bishops under them so the Bishops themselves are Suffraganes to the Archbishop They are not his suffraganes as he is Metropolitane but as he is Archbishop So that as Archbishop he hath greater authority then he hath as Metropolitan For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop neyther by receiving appellation nor by way of visitation But as Archbishop he may receive appellations and visite the Dioces of his Province without a Synode as being not onely superiour in honour and prioritie of order but also in power of jurisdiction And for this his greatnes which he attained unto he beareth the proud title of Archbishop The old Bishops knew no other but a Metropolitane the Provinciall Synode assembling twice in the yeare to the which appellations were made It is troublesome say they to call Synodes so often Dioces are so large and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided Here a notable tricke First they say it is needfull to haue Synodes and therefore needfull to haue a Metropolitane This againe they crosse and say there is no need of Synods it is difficile and incommodious to have two provinciall Synods in the yeare as of old The Archbishop may doe all that the Synode did receive appellations visit and correct the excesses and defects of other bishops onely he may not make Canons and Ecclesiastical lawes without a Synod Neither is there any need of new Canons the old are sufficient But I would demand why Synods may not be so easily and so often convocated as of old Is it because they have their Diocies extended over one two or three Shires and the province extended almost as farr as the kingdome as Canterburies province in England and Saintandros in Scotland Their wings should be clipped their Diocies and provinces contracted and multiplied if that the Discipline of the old Bishops were to bee preserved that Synods may assemble But before they loose any part of their extensive power and large impire they will rather reteine the corrupted discipline brought in under Antichrist If they will say on the other side the Diocies were as ample of old then why doe they pretend to their loytering in their owne or the Kings palaces the distance of their Diocies And if they will not convocate Provinciall Synods twice in the yeare what is the reason that they will not convocate once in the yeare or as was concluded in the Councell of Basile once in three yeare Yee may see that this corruption is so grosse that it was palpable in the time of most palpable darknesse Againe Synods did not assemble onely to make Canons but also for to put order to all causes Ecclesiasticall Farther there is continuall occasion to make new Canons and also to reforme or repeale old corrupt canons Neither doe Synods need to stay long upon appellations if the Church should meddle onely with causes properly Ecclesiasticall and the ancient judicatories inferiour were restored of presbyteries and consistories But to medle with tythes testamentarie and matrimoniall matters and to set up Archdeacons Officials and Chancellours and the rest of that â—able it may well procure moe appellations then a grave and godly Synode should be troubled with When all is done yet Canterburie doth not nor will not take the pains as by himselfe to decide the appellations Hee hath â— Court which they call the Court of Arches wherein sitteth as Iudge the Deane of the Arches he hath to doe with appeales of all men within the province of Canterbury Advocates there be in this Court 16. or moe at the pleasure of the Archbishop all Doctours of law two Registers and ten Proctors And another Court not unlike unto this which they call the Court of Audience which entertaineth the complaints causes and appeales of them in that province So yee see what way the ancient Synods are gone Neither to direct by making Canons nor to execute them being made should bee permitted to the pleasure of one man And yet by the way remember that the Prince with advice of the Metropolitane may make Canons also Howbeit the Archbishop be made up with the spoiles of the provinciall Synode his grace may not attend on the â—â—scharge of the Synods care and jurisdiction And whereas he may visit if he please the whole Diocies of his province doe yee thinke hee will take the pains himselfe who then shalâ— attend on Court and Councell Yea I suppose that seldome hee sendeth his Chancelour or any other for him By the Canons of the Councell of Trent the Archbishop may no visit the Diocie of another bishop unlesse the cause and necessitie be first tried in the provinciall Synod so that the fathers of that superstitious and bloudy councell were ashamed of the Archbishops exorbitant power which the English retaine And the English say that during the time of the Archiepiscopall visitation whereby the jurisdiction of the ordinary is suspended that Ecclesiasticall iurisdiction which hee practiseth hee doth exercise from and under the Archbishop as his
of God howbeit he doth it in effect and so doth the Archbishop For simonie non-residencie pluralitie of benefices readmission after the irregularitie of apostasie observation of superstitious dayes and times not eating of flesh in Lent and forbidden dayes which are here expressed are repugnant to the law of God Therefore he may take the like libereie in usurie perjurie incest mariage within degrees of the Leviticall law and the rest of the cases and causes which were reserved to the Pope of old It is not without reason then that the authours of the Admonition call this Court a filthy quagmire and poysoned plash of all abbominations seeing the filth of all these abominations are washed here and the guiltie person commeth forth after the Archbishops dispensation as white as snow leaving his filth behind in that Court Beside the Prerogative Court the Court of Arches the Court of Audience the Court of Faculties the Archbishop hath yet another Court called the Court of Peculiars which dealeth in certaine Parishes exempt from the Bishops iurisâ—iction in some Diocesse and are peculiarlie belonging to the Archbishop of Canterburie Hee hath also inferiour Courts such as other Bishops have You see then Canterburie is a petie Pope or according to Bancrofts reckoning a vice-pope made up of the old spoyles of comprovinciall Bishops and Synods and also with the new spoyls of the Pope beeing armed beside with the Kings delegate temporall power in the High Commission and so greater in his intensive power then ever he was in time of Poperie And when the union shall be accomplished shal be greater in his extensive power also with his Courts over-ruling our Nation and shall be vice-pope of this little World O if faithfull Patriots would forsee and prevent this The least of their Ceremonies will prepare a way to this mischiefe CHAP. 4. Of the Dignitie and Power of English Bishops IN the former chapâ—er we did onely give not grant superiorite of Bishops over Pastors which being supposed we medled onely with the vnlawfull power and dignitie of Archbishops but the truth is that the superioritie of Bishops over Pastors is unlawfull also By divine Law one Pastor is not superiour in degree above another no more then one Apostle or Euangelist above another Apostle or Euangelist The name of Bishops was not appropriate to any eminent rank of Pastors but was common to all as may be seene Act. 20. Philip. 1. 1. Timoth. 3. Tit. 1. 1. Pet. 5. And that their office was also common may be sene in the same places from whence Hierome in his Epistle to Evagrius doth conclude that a Bishop and Presbyter was all one And in his Commentarie on the Epistle to Titus cap. 1. that communi Presbyterorum consilio Ecclesiae gubernabaÌ„tur the Churches were governed by the joynt advice of Presbyters Our Opposites say that government was onely private in the inner court the court of Conscience not publicke in the externall court or Consistorie It was so in the time of Poperie when the Priests were excluded from the externall governement of the Church which Bishops did vendicate to themselves and their Courts the poore Priest having no further power then to receive privately auricular confession ponder the weight of secret faults and accordingly to enjoyne pennance But Hierome speaketh not of a severall but of a common councell and joynt care of many assembled together For this private government in the inner Court of conscience was not onely then but continueth to this day wherby every Pastor may deal with the consciences of any of his own flock But Hierome speaketh of a government which was altered after the Apostles times and different from the Episcopall government which followed When the Churches were thus governed in common by joynt advice of Presbyters they had not a perpetuall President or as we use to speake a constant Moderator who had this preeminence during life set over them to moderate the common Meetings but they choosed their Presidents and changed them as they thought fit No Pastor could claime this prioritie of order and direction of the common Meetings as belonging to him of office The Apostles did no where institute this same small difference of Pastors that some during life should be moderators of the rest let be that majoritie of rule and superiority in power which Bishops doe claime The Pastors who were at Alexandria the first we read to have set up a constant Moderator to whom also they did appropriate the name of Bishop This was the beginning of that great mischiefe which followed This was the Cockatrice egge out of the which Antichrist himselfe was hatched For this perpetuall Presidencie and prioritie of order did degenerate in superiority of power and majoritie of rule and the Bishops growing to some grandeur they behoved to have an Archbishop and at last a Pope So that if a Bishop had not beene a Pope had not been and if there had not been a Pope the great Antichrist had not been Boni-gratis supposed to be the author of the Treatise de aetatibus Ecclesiae wondereth that the Popes Monarchie should arise from so small a beginning But the Apostle telleth us that that iniquitie was a Mysterie and that this Mysterie was working under ground even in his time For even the Apostolicall times wanted not a proud Diotrephes loving preeminence A little seed will bring forth a great Tree If the Discipline had not beene corrupted as well as doctrine the great Antichrist could not have risen All the errours and heresies in doctrine and matters of faith which have entered in the Church could not have brought him in unlesse errour and corruption in the government had entred in also for unlesse this had been he could pretend no claime at all to governe and rule I come therefore to our English bishops Let a man travell through Italie where the Pope is or Spaine where the Spanish Inquisition is he shall finde no difference betwixt the power of an Italian Spanish or English bishop The English bishop is the same now for power and greatnesse that hee was an hundred years since in the time of poperie There are foure things chiefly to bee considered in him First the derivation of his power 2. the sole exercise of his authority 3. the deputation of this his authoritie 4. his extensive power As for the first they are not bishops as we have sayd iure divino by divine institution or right nor cannot bee Neither are they Bishops by humane law that is the constitutions of the ancient Church which imprudently and unhappily set up the first bishops erring in taking up right the nature of Church government and the qualities of the Antichrist who was to be revealed but in the full time For they are not of that kinde of Bishops which ruled together with the Presbyterie or Ecclesiasticall Senate but they are bishops by the Municipall law of the land onely in the judgement of the lawes For all their
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
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
have found out a new trick which will not serve their turn The Civilian the Chauncellour or officiall when he is to excommunicate he hath a minister to assist him who pronounceth the sentence The defender of the last petition telleth us that the minister assistant to the Chauncellour who is for the most part of the meanest and simplest of the clergie is but a cyphar he doth nothing but his masters direction excommunicateth and absolveth at his pleasure The Minister is not judge here the sentence is set downe in writ to him in Latine which he must rehearse A memorable example we have in the Assertion for true and Christian church policie together with the Article made anent this matter Vniusquisâ— Vicarius generalis officialis ceu commissarius qui ordines Ecelesiasticos non susceperit c. Every Vicar general officiall or Commissarie which hath not taken upon him Ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authority from the Bishop in his jurisdiction or from the Archdea being a presb in his iurisdictioÌ„ shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie The example and practise of this precept followeth Dr. Hone the Archdeacon of Surrey his officiall being to excommunicate certaine persons had a silly Curat Mr. Rowland Allen to attend his service and to denounce the lesson which was written to him in paper to read Iohannes Hone legum Doctor officialis venerâ—bilis viri Domini Archidiaconi Surr. omnibus singulis Rectoribus c. salutem Cum nos rite legitime procedentes omnes singulos quorum nomina c. in non comparendo â—oram nobis c. ceu saltem in non satisfâ—ciendo mandatis nostris c. pronunciaverimus contuniaces ipsosque ex communicandos fore decreverimus Cumque â—iscretus vir Magister Roul Allen Presbyter 〈◊〉 omnes et singulos subscriptos ex officio nostro ex coÌ„municaverit in scriptis iustitia id exigente vobis igitur committimus c. quatenus eos omnes sicut prefertur ex officio nostro excommunicatos futsse eâ— esse palam denunciâ—tis Datum sub sigiâ—o officialitatis nostrae 19 die Decembris Anno Domini 1587. Iohn Hone Doctor of the lawes official of the venerable man the 〈◊〉 of Surrey to all and singular persons c. greeting Whereas wee otherwise rightly and lawfully proceeding all and singular whose names are 〈◊〉 in not appearing before us or at least 〈◊〉 in not satisfying of our mandates haue pronounced contuâ—ciâ—us and decreed them to be excommunicated And whereas also the discreet man Mr Rowland Allen Presbyter out of our office hath excommunicated 〈◊〉 and singular underwritten â—iâ—stice so requiring Wherefore we charge that openly you denounce and declare them and every of them so as aforesaid out of our office to be excommunicated Given under the seale of our officiality the 19 of December 1587. The poore curate sayth this authour jerked these whose pointes soever the other untied Now in this case it cannot be sayd that it was onely the poore Curate who 〈◊〉 excommunicate For he is but the hangman the other is the Iudge Poore Rowland Allen rehearsed the sentence by the prescript of Doctor Hone. Doctor Hone â—â—ted pronounced them contumaciously absent and upon the conâ—umacie decreed them to be excommunicated prescrived the lesson to poore Rowland Allen without which things the sentence should be a nullsentence D. Hone the Archdeacons officiall hath power to call and associate unto him and to prescribe Rowland Allen presbyter and another mans hireling Curate in Southwarke to excommunicate not onely the parochians of anothers Pastors charge but also any other Pastor whatsoever subiect to the Acchdeacons jurisdiction If it be lawfull at the voyce of a lay stranger that an hireling and stipendiarie Curate should chase another mans sheepe out of his owne fold how much more is it lawfull that a true shepherd should disciplinate his own sheepe feeding and couchanâ— within his owne pasture and within his own fold Ye see then whereto this alteration of discipline will turne in the end The censures of the Church as a matter of no worth or moment shall be put in the hands of base Officialls and blind Rowland Atlens An Oxe and an Asse shall plow together in the Lords field The Chauncellors Commissaries and Officialls have power to convent a minister before them and if hee compeir not first suspend and then excommunicate him as is evident by their latest Canons Thus shall the worthiest of our ministrie bee brought under bondage The Reader may see how unworthily the Archbishops Bishops and Archdeacons deale with the Church which not content themselves to use tyranny over it and to take upon them of their private authoritie which belongeth unto other with them have also brought it into bondage under their servants and servants servants I meane Chauncellours Commissaries c. sayth Mr. Cartwright The Commissarie court is but a little stinking ditch say the authors of the admonition to the Parliament In this Court one alone doth excommunicate one alone sitteth in judgement and when he will can draw back the iudgement which hee hath pronounced having called upon the name of God and that for money which is called the changing of penance In this Court for none payment of two pence a man shall be excommunicate if he appear not when he is sent for This Court pouleth parishes scourgeth the poore bedge-priests ladeth Churchwardens with manifest perjuries punisheth whooredome and adulterie with toyish censures remitteth without satisfying the congregation and that in secret 〈◊〉 giveth out dispensations for unlawfull marriages and committeth a thousand such â—ike abominaâ—â—â— where the Iudges Advocates and Proctors are for the most part papists And as for Scribes and Notaries as greediâ— as Cormorants If they all should perhaps see this writing they would bee as angry as Wasps and sting like 〈◊〉 Three of them would be enough to sting a man to death for why they are high Commissioners Againe who be their Chauncellours but most suspected Papists I heare not of one of them but he is a brâ—â—er Who be their Sumners but the veriest varlets What are the Canonists what are they but suspected Papists and where have they the most countenance but of the Bishops To be their chiefe doers and high Commissioners with them to wrâ—g their brethren if they bee Gods children and to â—et papists passe free or to bee punished lightly How are matters dealt with in their Courts but all for Mistres Money What a charge are they to the Clergie and what a summe have they yearly that might be saved and it is no small matter that maintaineth their Courts Again It would grieve a chast eare to heare the bawdie pleading of many Proctors and Doctors in those Courts and the Sumners yea and Registers themselves Mr. Archdeacon and Mr.
to every pastour neither Canon nor civill law should take from them In a part of the Diocie as Archpresbyters whom they call rurall Deanes and now they are imployed for the most part to convocate their Classis 2. to intimate to them something directed by missive from the ordinarie as occasion shall require 3. to Induct into benefices in place of the Archdeacon being busied in some remote part There were two sorts of Acchpresbyters of old The citie Archpresbyter who is now called the cathedrall or citie Deane the Countrie Archpresbyter who is called now the rurall Deane who was at the first institution moderator of the classis or countrey Presbyterie thereafter made a countrey Bishop or Chorepiscopus within his owne circuit as the citie Bishop was at the first but President or moderator of the Presbyterie of the citie and suburbs For we must not think that the country Bishop ruled alone without his classicall Presbyterie more then the citie Bishop did In processe of time the citie Bishop grew to this great statelynes which now we see and the oâ—â— Chorepiscopus decreased and was throwen dovvne by degrees till at last he is come to this poore estate of a rurall Deane He it not ranked in this hierarchie amongst the persons having iudicial administration but among those vvho haue none as ye see to intimate to the Priests with in his Deanrie what is the Bishops pleasure eyther severally or to convocate them togither to that effect or to put any person in possession sometime of his Benefice for the Archdeacon Every Diocie in England as vve heard before out of Mucket is divided in Archdeaconries moe or fevver according to their extent Achdeacour into Deanries The Deanries comprehend ten Parishes sometimes moe seldome fewer But cathedrall and collegiat churches are exemed out of the Archdeaconries and rurall Deanries Over these Deanries are set rurall Deanes quiâ—us praeficiuntur Decâ—nirurales antiquis Archipresbyter is non multum â—issimiles sayeth hee Then againe in every Diocie there are iurisdictions exempt eyther from the Archdeacon and subiect immediately to the Bishop or exempt from both or from the whole Province of the Arch-Bishop and subject immediatly to the King in respect of appellations They want no corrupt order of governement which they had in time of Poperie no not so much as their exemptions To returne then to the rurall Deanes These rurall Deanes upon the Bishops or his deputies warrant cited such within their Deanries as were to compeir before the Bishop or his deputie and this their citation under the seale of their office they were to certifie to the Bishop or his deputie But Lindwood sayth quod per eos potius quam per alios qui hibent sigilla authentica multae multae fiebant fraudes and that they colluded with the partie in sealing the certificates of their citations when as they had not made any due citation and therefore Iohn Peccham Archbishop made a constitution that every yeare they should svveare to give out no certificates without due citation They were sworne every yeare sayeth Lindwood quit quolibet anno mutantur Decani et fiunt noui They were to hold Chapiters in a sett course foure times in the yeare and at other times as often as occasion should require sayth D. Field out of Lindw But Lindwood writeth thus Et horum capituloruâ— quaedâ—m tenentur de tribus hebdomadis in tres quâ— dam semelin quarta anni haec dicuntur Capitulâ— principalia propter majorem confluenâ—iâ—m Cleri quia in his de negotijs arduioribus tracteri consuevit Some did meet every three weekes some every quarter of year Their Chapiters convening every three weeks were our presbyteries which doe meet in some place every weeke in other places in two or three weeks especially in winter These chapiters were called capitula ruralia countrey or rural Chapiters sayth Lindwood because they were assembled in the countrey towns In these Chapiters the Deans did publish the decrees of Provinciall and Episcopall Synods For the Bishop himselfe did not demit himselfe so farre as to be present and therfore sent one to make intimation or to the Deane to doe it Praesertim cum non deceat statum pontificalem in singulis capitulis hujusmodi interesse sayth Lindwood D. Field proveth that of old they had power to visit their circuit twice every yeare and to suspend laymen from the sacraments and clergie men from the execution of their offices This was a remainder of the old power of the Countrey Bishop Now his office is onely to intimate decrees of Synods or the Bishops will in any matter without any iurisdiction reserved either to him or to the ministers of the Deanrie assembled together in chapiter or as wee speake in scripture language presbyterie So that their Deanries are a footstep of that which have beene and a shadow of that whereof we had the substance This alteration of government among us will in the end turne to the same desolation There are some Deanes exempt which are subject immediatly to the Archbishop and these have Archiâ—â—aconall jurisdiction sayth Lindwood Wee have before made mention of some rurall Deanes exercising spirituall jurisdiction but that is not common next it is Episcopall for they doe it by themselves without the Chapiter Those which beside the common have no peculiar function are placed either in soâ—e cathedrall or collegiat Church or in a parish Church In some Cathedrall or Collegiar Church whereof they are members or no members Of those who are members the chiefe is the Deane then in some Churches of ancient foundation other dignities also as the Subdeane the Chauncellour the chiefe Chaunter the Thesaurer Lastly the Canons or Prebendaries of which in the Churches which are more ancient some are Residentiaries some not The greater Residentiaries administrate and governe in all things with the Deane in that Church and they have a seat in the Quire and the power of a voyce in the Chapiter Canons or Prebendaries noâ— Residentiaries have a seat in the Quire but not a voyce in the Chapiter Those who who are not members serve either to the administration of the publick Liturgie or Sacraments as the pettie Canons or Vicars chorall or by assisting those who do celebrate as the Pistler the Gospeller There are also others bearing office in cathedrall Churches but they are ranked among the lay sort by the composer of the tables such as are singing boyes vergerers Ballifs and others set down afterward The authour of the admonition to the parliament doth thus muster the Droanes of these Cathedrall Churches Wee should be too long to tell your Honours of the cathedrall Churches the dennes aforesayd of all loytering lubbers where Mr. Dean M. Vicedeane Mr. Canons or Prebendaries the greater Mâ—pettie Canons or Canons the lesser M. Chauncellour of the Church M. Treasurer otherwise called Iudas the Purse-hearer the chiefe châ—unter singing men special favourers of religion
squealing Quiâ—isters Organ players Gospellers pistlers pensioners vergers c. Wiclâ—ffe sayth there â—e 12 disciples of the Antichrist Popes Cardinals Patriarches Archbishops Bishops Archdeacons Officialls Deans Monkâ—s Canons Friers Pardoners He reckoneth yee see the Deans and Canons among the disciples of the Antichrist And in truth what are they else but idle lubbers lying in the cloysters of their Cathedrall Churches having either no necessary or profitable charge in the cathedral church where they loyter or else have a charge in other places but under colour of their prebends absent theÌ„selves from the churches where they are bound to a cure of soules and that which they spoyle and raven in other places there sayth M. Cartwr they spend and make good cheere with And againe he sayth they should indeed be the rewards of learning if they were converted unto the maintenance and bringing up of Scholers where now for the most part they serve for fat morsels to fill if might bee the greedie appetites of those which otherwise have ynough to live with and for holes and dennes to keep them in which are unworthy to be kept at the châ—ge of the church or else whose presence is necessarie and dutifull in other places and for the most part unprofitable there The Deane and Canons or Prebendaries are not sustained with the Ecclesiastical rents and possessions of the citie where they loiter but for the most part of the rents and possessions of their charges in the countrey to their ruine and desolation the great steeples devouring the little steeples the great Quires overthrowing the finall pulpits It was done no doubt in a foolish and pretensed imitation of the temple of Ierusalem to appoint such idle serving and singing men to uphold in the cathedrall Church daily chaunting and singing as was the custome in the temple of Ierusalem But all the people in the land had communion of worship in the sayd temple and repaired to it thrice in the yeare to that effect and purpose beside that the daily worship was for the use of all those who were upon severall occasions to repaire unto the sayd temple and therefore the whole people of God is called the church of the Iewes because they had communion of worship in one place But there is no such place in the Christian churches appointed either for countries counties or shires Every church even the meanest hath as great interest priviledge to all the points of Gods worship as the greatest cities lett be the Cathedrall seats which are not ever the greatest Then againe their curions singing and chanting serveth not for edification of the soule but rather to hinder true devotion and carie away the mind from heavenly meditation with a carnall and sensuall delite He that singeth should be liker pronuncianti quam canenti to one who pronounceth the word then to one that singeth Psalmes as sung by course side after side some few singing the rest of the people resrayned from singing One half sung with the hart the other half with hart and voice Then again their musicall instruments were unknowen to the church of God for 800 yeres Yea it appeareth that they were not brought in in the dayes of Aquinas For he sayth sed instruments musica sicut cytharas et Psâ—teria non assumit ecclesia in divâ—nas laudes ne videatur iudaizare The Church then it seemeth used no musicall instruments in his time lest it should seeme to Iudaize Yea amongst the Iewes themselves these musicall instruments were not used in their synagognes but only in the temple which was the theater of all the ceremonies of the leviticall law Againe that one should read the gospel another the epistle what an idle distinction of idle officemen in the church is this for by this reason they may make a third sort also for reading of the law The Treasurer Chancelour Vicedeanes offices are not all alike in every cathedrall church sayth Mucket but divers according to the different statutes of divers places It is hard therefore distinctly to define particularly their offices The Deane of the cathedrall Church succeedeth in the roome of him who was called Archipresbyter urbanus the citie Presbyter as the rurall Deanes doe the Countrey presbyter But the cathedaall chapter doth not consist of the presbyters of the citie as the rurall chapiter did consist of the presbyters within the rurall Archpresbyter his praecinct yea they were bound to sit in chapiter with the Deane sayth Dr. Field But all the Presbyters of the cathedrall citie doe not at any time sit in chapiter with the cathedral Dean as I gave a lively example before of the citie of London where the Ministers of the severall parishes doe not sit in chapter with the Deane of Pauls but onely Canons and Prebendars who for the most part ought to serve at parishes perhaps 20. or 30. miles from the citie The cathedrall seat of Canterburie hath 12. or 13. parishes but not 4 able preachers sayth the author of the Assertion for true and Christian Church policie I have been in some of their cathedrall cities where they have no parish minister to preach but onely the watering of some prebendarie who commeth to attend on service in the temple and neglecteth his owne charge with cure of soules Againe suppose this chapiter did consist of parish ministers within the citie yet that some should bee made cardinall to sit in chapiter either with Bishop or Deane and others secluded having as great interest in the common government of their stocks as it is not grounded on the word so it was not known to puret antiquitie as wee have already made evident And it is acknowledged also by Bellarmine howbeit hee doeth conjecture upon a false ground what was the cause of it Nam à tempore Apostolorum per multos annos imo etiam per aliquot soecula quia pauci erant Presbyteri Diaconi omnes simul ad electionem Episcopi ad concilia vocabantur neque opus erat tunc distinguere à Cardinalibus non Cardinales sicut etiam in alijs Ecclesiâ—s non distingâ—ebantur Canonici à non Canonicis And yet there were many Presbyters at Rome in Cornelius time as they themselves confesse yet even then this distinction was not made as Bellarmine in that same place doth acknowledge Farther this same chapiter hath not any medling with jurisdiction in common with the Bishop The Deane and Prebendaries in many places have power severally to excommunicate in their parishes which belong to them in peculiar but they convene not chapiterlâ—e to exercise spirituall jurisdiction and inflict spirituall punishments and censures upon every delinquent within the Diocie yea or cathedral seat onely either with the Bishop or without him Alienation of church lands or setting of takes and such like which concern the possessions of the Church may not passe without them but for spiritual jurisdiction they are content that the vicar
they make twenty that cannot teach and so idle shepheards are set up in the roome of true Pastors They that can teach are bound hand and foot till they get a licence But sithence Christ bad his Priests preach who should forbid them preaching said Wickleffe in the exposition of his Conclusions exhibited to the Bishops When they have gotten licence either they loyter or if they preach their preaching is hedged in with penalties injunctions caveats canons advertisements that they may not deliver the whole counsell of God or else they play the part of prophane Orators with affected eloquence or make the people laugh with merry tales as the Authour of the Admonition to the Parliament doth relate To conclude then a bare Reader of the service booke in English is sufficient to be an English priest In the rest of his administration according to the prescript either of the Q. Injunctions so that they be not repugnant to the lawes or of the Liturgie set forth by publique authoritie This Liturgie maintaineth a Reading Ministerie for it requireth nothing necessarily to bee done by the Minister which a child of ten yeare old cannot doe as well and as lawfully as that man wherewith the booke contenteth it selfe Preaching is but accidentall and accessorie without the which their office doth and may consist And indeed boyes and senselesse Asses are our common Ministers for the most part for common reason may serve the turn and do this feat well enough It is indeed lesse busie then the Popish Priests service because the Kalender and the Rutricks of the book are fewer and plainer then his Portuise and Pic were So that lesse Clerkes then 〈◊〉 priâ—sts which had but some blind Latine in their belly may serve for our store say the Authours of the Admonition to the Parliament The administration according to the prescript of the booke of Liturgie doth concerne either the Bishop or the Church or the Minister himselfe The Bishop to wit in confirmation of children The Church either in certaine rites as bowing the knee or in certaine answeres Of Bishopping we have entreated before The Congregations part standeth in some rites and gestures or in some answers Now the people sit now they stand up When the old Testament is read or the lessons they make no reverence but when the Gospell commeth then they all stand up they thinke that to be of greatest authoritie and are ignorant that the Scriptures come from one Spirit They make curtesie when Iesus is named either in Sermon lesson or otherwise uncovering their heads and making a leg with such scraping on the ground that the Minister or Reader cannot be heard for a space thereafter And yet saith the Author of the Petition to the Qu. The Bishops and their Chaplaines seldome use this unlesse it be at reading of the Gospell as if the Gospell were more holy then the rest of the Scripture especially they forget it when lustily and bravely they sweare by the name of Iesus The name of Iesus is more reverenced then the name of Saviour which is of the same signification or other titles of Christ as when he is named Messias Christ Mediator the Son of God c. or when God is named as if the Apostle had meant Philip. 2. that every knee should bow at the naming of Iesus when as he onely saith At the name of Iesus that is every creature shall bee made to acknowledge his power and authoritie which is his name as the word is often taken in the scripture It is not the sound of syllables but his divine power that is meant Then again for answers the people are appointed at divers prayers to rehearse word for word after the minister whereby an opinion is ingendred in their minds that other prayers do not so much pertaine to them as those which they utter with their own mouthes As the minister is the mouth of God from God to the people so should he be the mouth of the people from the people to God Sometime the minister saith one part and the people another And in sundry parts of the Letanie the people make the prayer and the minister onely directs them what to pray for At the communion one of the people is allowed to make the generall confession in the name of the whole congregation At some prayers they are enjoyned to kneele devoutly and not at others In the administration which doth concerne the Minister himselfe or to be considered either the substance of the booke it self or certaine directories As for the substance of the book it is taken out of the Popes portuis with some rubricks and glosses of their own framing The same matter which is conteined in the English is also contained in their service book with some little addition The same forme is also observed with a small alteration wheras our forme of service should be as different as may be from the Popish And for length it is so wearisome that many times it shutteth out Preaching viz. when Baptisme the Communion Marying Churching and Buryal conâ—urre together as often they doe in great Congregations as it is said in the Abridgement of Lincolne Ministers Divine service in the Apostolicall Church was not spent in reading prayers Psalmes Epistles Gospels c. but for the most part in doctrine and exhortation When the Congregation assembled their Pastor was with them and he spent not the time in reading lessons prayers collects c. but uttered some word of exhortation and doctrine upon the parcell of Scripture which was read as was the custome also in the Sinagogues And suppose it had bene omitted at any time in the Sinâ—gogue we reade not of any such lame Liturgie in the Christian Church in the dayes of the Apostles nor in many ages following till blindnesse ignorance and lazinesse made the chiefe part of divine service to be omitted and a prescript forme to be made for 〈◊〉 and ignorant Priests For shal we beleeve that as long as Pastors were able to teach and exhort that they posted over a number of prayers and lessons c. and no farther No The bels of Aaron should give a sound as often as the Lords Priest entreth into the Sanctuarie Or doe they thinke that their Pastor was abroad at his pleasures when the flock was at their pasturage as devine service and some other reading minister serving them The Apostolicke Church and purer Antiquitie knew no such minister Out of the lessons or Psalmes which were read the minister took the argument and ground of his sermon beginning after this or the like manner Ye have heard brethren the booke of c. read The booke is read wherein it is prophecied We heare brethren when the Gospell was read the Lord saying that c. The directories are contained either in the Kalender or the Rubricks In the Kalender to direct the minister in such things as belong either to the minister himselfe or to the