not much better then that we have noted of the Minorite Friar For the saying of Hierome That it is not a Church that hath not Sacerdotem we that are Presbyters may as well conceive that he meaneth a Presbyter as he a Bishop that he meaneth a Bishop and Hierome a Presbyter as wee are if he were alive would as wee verily beleeve give sentence on our side For First it cannot bee denied that though there bee more dignity in a Bishop the is more necessity of a Presbyter that is of one to officiate in preaching the Word and administration of the Sacraments whereof there is continuall use then of a Bishop to ordaine if none could doe it but a Bishop which is required but sometimes and though a Bishop performe the same acts yet hee doth them not as a Bishop but as a Presbyter Secondly if Hierome meant that there is no Church without an ordaining Bishop and that is his opinion as his Lordship expounds him it is his errour an uncharitable errour which casteth not particular Christians onely but many Orthodox Churches out of the communion of Saints and consequently out of the state of salvation whereas if some Bishops had been as remote non-residents from their Bishoprickes as the Pope from Rome when he resided at Avinion in France or had medled no more with the Churches under their charges then the Italian Priests did when they had Benefices in England and knew onely the names of them and received tythes from them but did nothing for them or in them yet there might for all that bee true Churches and salvation in them well enough For of what use is such a Bishop or such a Priest either to the being of a Church or the well being or salvation of a Christian Thirdly if his words were true in that sense wherein his Lordship taketh them it would be necessary there should be as many Bishops as Churches and so that Bishops should be rather Parochiall then Diocesan Fourthly if the place in Hierome be unpartially perused it will not make much for the necessity of Bishops for Hierome in his Dialogue against the Luciferians whence the quotation is taken speaketh of one x Hilarius cum Diaconus de Ecclesia recesserit cum homo mortuus sit cum homine pariter interiit secta quia post se nullum clericum potuit ordinare Hieron advers Luciferian Dialog tom 2. fol. 49. col 2. Hilarius a schismaticall Deacon who dyed in the schism and his sect with him because being but a Deacon hee could not ordaine a Clerke to succeed him upon this saith Hierome y Ecclesia autem non est quae non habet Sacerdotem Ibid. It is not a Church which hath not a Priest The word is Sacerdotem which seemeth to bee of the same sense with the word Clericum a little before and that is there meant of him who is next above a Deacon and he is a Presbyter not a Bishop whose office in administration of the Sacraments is there particularly noted which belongeth to a Presbyter ut sic as he is a Presbyter not to a Bishop as he is a Bishop Object But hee speaketh of ordaining and that in Hieromes judgement was proper to a Bishop Answ 1. Hierome knew well enough that of old though it were otherwise in his time Bishops alone did not ordaine Church Ministers but the Presbytery with them 1 Timoth. 4.14 if not without them for many hold that at that time there were no Prelaticall Bishops above their brethren even to this day there is a shadow of that sociable power in ordination of Ministers of the Church of England retained in practice by the imposition of the hands of Presbyters with the Bishop and required by constitution in the 35. Canon of the yeare 1603. And some learned Papists are of opinion though it come too neere the truth to be common among them that Bishops may delegate their power both of z Episcopum in sua provincia posse committere simplici sacerdoti quod conferat sacramentum Confirmationis Martin Ledesma prima 4 ti qu. 13. a. 11. Confirmation and of * Episcopos posse delegare potestatem sacerdoti ordinandi sacerdotes aequè ac Papam Novariens tract 1. part 2.13 apud Fran. à Sancta Clara Apolog. Episcop pag. 249. Ordination to Presbyters or Priests Secondly though where there were Bishops anciently and usually ordination was not conferred without them yet where there were none without them it might be lawfully and effectually done as we shall note in another place and therefore no such necessity either of them or of ordination by them as is pretended And though the over-high exaltation of Prelates hath depressed Presbyters so farre below the right and power of their order that it is made in some mens conceipts a strange thing and a kind of presumption in any case to take upon them the ordination of Ministers yet Hierome surely was not of their mind when hee gave them the honour which some Episcopall parasites appropriate to Bishops to bee accounted the successours of the holy Apostles as he doth in the first of all his Epistles which is written to Heliodorus Thirdly from Hieromes words in this place wee may rather collect that a Presbyter as well as a Bishop may ordaine since hee denieth that faculty but to a Deacon then that by the word Priest a Bishop must bee meant and ordination peculiarly derived from him Fourthly howsoever where hee saith that it is not a Church that hath not a Priest hee is in reason to be understood not of one that hath power to make a Priest but of a Priest already made for such a one a particular Church cannot want but of a Bishop unto it there is no such need Fifthly if Hierome in this place being zealous against schisme spoke somewhat too freely in favour of Bishops which yet is doubtfull though more probable that he spoke on the Presbyters side then of the Bishops It is certaine that in other places which wee shall observe afterward hee expresseth himselfe farre from such fondnesse of affection to Bishops as his Lordship deduceth out of his words So much for the Testimonies of Hierome wherein wee crave his Lordships patience and pardon for our boldnesse since his explication and application thereof for the necessity of Bishops to the being of a Church and so by consequence to salvation hath put a necessitie upon us seriously to examine what hee said and meant Object There be some who to assert a necessity of Discipline say that Discipline comprehendeth a preaching Ministry and that 's necessary to salvation Answ 1. There is neerer affinity betwixt Preaching and Doctrine then betwixt Preaching and Discipline which is exercised more in matter of a Quid prodesset disciplinam habere in conversatione scientiam in praedicatione nisi ad sit bonitas in intentione Sermo ad pastores in Synodo congregatis Inter opera Bernardi col 1730.
there were present 482. Bishops and 800. Abbots who saith he have lesse to doe then Presbyters in the government of the Church Wherein he implyeth that there should be many more then two Convocation Clerkes in a Diocesse to advise and vote at a Synod And in our Diocesan Synods which are yearly called according to the ancient p Concil Agethen an 440. Can. 40. fo 165. Caranz Canon and Custome wee are all summoned to appeare in the Consistory as in the name of a Synod But when we come thither we have so little power and liberty allowed us either for discussion or determination of any matter wherein Presbyters both in right and fact have had a freedome heretofore that most of us appeare rather as Delinquents standing at the Consistoriall Barre or at the best as Clients or Tenents paying a tribute of suit and service at the Courts of their Landlord So that we may take up the complaint of Duarenus the famous Civilian q Olim hi conventus indicebantur ut Episcopus simul cum Presbyteris de disciplina cleri de causis c. sed hujus honestissimi instituti vix umbram hodie videmus Fr. Duaren de Min. ◠1. c. 11. fol. 13. O fold Synods were called that the Bishops and Presbyters should treat of the Discipline of the Clergie of Ecclesiasticall causes and of divine Doctrine for there was no matter of any great weight which the Bishops without that Senate would determine but now saith hee wee can scarce discerne so much as a shadow of that most honest institution In the fourth Councell of Carthage about the yeare 401. besides many other Constitutions in the behalfe and in honour of Presbyters it was decreed r Concil Carth. 4. Can. 23. pag. 313. edit Fr. Longi That a Bishop should not determine any mans cause but in presence of his Clergie ſ Ibid. Can. 34. pag. 316. That the Bishop though in the Church and in the Assemblies of the Presbyters hee should sit in an higher place yet privately should use his Presbyters as Colleagues and sitting himselfe should not suffer a Presbyter to stand And as Presbyters were not to be disdained by the Bishops but to be taken into a respective society with them for the t Qui Episcopatum desiderat benum opus desiderat exponere voluit quid sit Episcopus quia nomen est operis non honoris intelligat se non esse Episcopum qui praeesse desiderat non prodesse Aug. de civ Dei l. 19. c. 19. tom 5. p. 1310. name of a Bishop was anciently rather a name of labour then of honour rather of duty then of dignity so were they so much to be honoured by the Deacons below them as u Diaconus ita se Presbyteri ut Episcopi ministrum esse cognoscat Concil Carthag 4. Can. 17. subordinate to them as well as to the Bishops x Nec sedere quidem licet medio Presbyterorum Diaconos Concil Nicen. 1. Can. 14. fol. 50. Ne Diaconus coram Presbytero sedeat Concil Aralat Can. 15. Tit. Can. fol. 70. Concil Constantinop 6. Can. 7. Diaconus quolibet loco jubente Presbytero sedeat Concil Carth. 4. Can. 39. That a Deacon might not sit among those that were Presbyters as was decreed in the first Councell of Nice And so it was observed at Rome as y In Ecclesia Romae Presbyreri sedent stant Diaconi licet paulatim increbescentibus vitiis absente Episcopo sedere Diaconos viderim Hieron cpi. ad Evagr. Hieron tom 2. pag. 334. Hierome hath noted untill vice increased And then saith he in the absence of the Bishop I have seene Deacons to sit in the presence of Presbyters And though in later times one Bishop hath had power enough to undoe many Presbyters for small matters yet heretofore in a criminall cause z Causa criminalis Episcopi à duodecim Episcopis audiatur causa Presbyteri à sex causa verò Diaconi à tribus cum proprio Episcopo Concil Carth. 2. Can. 10. fol. 111. a. A Presbyter could not bee condemned by fewer then six Bishops A Bishop indeed as an elder brother had a double portion to censure him for twelve were requisite for a doome against a Bishop and the Deacon as a younger brother to a Presbyter had but halfe so many to give judgement of him as the Presbyter had Now if with security of the publicke peace and the favour of our Superiours there should bee any alteration in the Ecclesiasticall Government wherein we might be assured to be dealt withall if not as Brethren as a Nos omnes Episcopi meminisse debemus Presbyteros omnes esse nostros fratres collegas in Ministerio non famulos non mancipia eosque jure divino non minorem habere in pascendo populo Dei potestatem quam nos habemus Spalat de Repub. Eccles l. 2. c. 9. pag. 284. some of the Episcopall order have professed and pleaded on our behalfe yet rather as sonnes to reverend Fathers then as servants to imperious Lords we dare not be such hypocrites as to forswear a consent to that which wee conceive to bee our right and cannot but be willing to enjoy THE OATH Nor yet ever to subject it to the usurpations and superstitions of the See of Rome The 20. DOUBT is Why in this part of the Oath mention is made rather of the See of Rome 20. Particular Doubt then of the Church of Rome THE REASON BEcause though an ordinary Reader observe no materiall difference betwixt them yet wee are taught by a * Mr. E. B. of the M. T. judicious Lawyer that there is as much difference betwixt the See of Rome and the Church of Rome as betwixt treason and trespasse and he proveth his position by the 23. of Elis cap. 1. where it is said That to be reconciled to the See of Rome is treason but to be reconciled to the Church of Rome is not treason For then saith he every Papist of the Church of Rome should be a Traitour being a member of that Church and therefore reconciled to it Now the See of Rome saith he is nothing else but the Papacy or Supremacy of the Pope whereby by vertue of the Canon unam Sanctam made by Pope Boniface the eighth he challengeth a superiority of Jurisdiction and coercion over all Kings and Princes upon earth and those persons which take Juramentum fidei contained in the Councell of Trent which acknowledgeth this Supremacy are said to be reconciled to the See of Rome But the Church of Rome is nothing else but a number of men within the Popes Dominions or elsewhere professing the Religion of Popery So the meaning of the Oath in this clause of it as hee conceiveth may bee this You must not subject the Church of England to the See of Rome but you may subject it to the Church of Rome That there might be some such subtle meaning in the choice of
to permit unto them and what that is who can tell but your selfe how then may it be safe to sweare to the Government of the Church by Archdeacons when wee cannot know what their Government is since the rules of that Office are very uncertaine and the prescription by practice more uncertaine to us especially who have had no such Jurisdiction in use among us and it may be if wee had wee should find more cause to except against it then to sweare for it which wee desire may not bee interpreted to the prejudice of any worthy person of that denomination and wee doubt not but there are many such and some well knowne to many of us for men of very eminent endowments both intellectuall and morall whom we acknowledge for such and so desire to enjoy them as our deare brethren and friends Of the c. Our Doubts hitherto have beene of the Governours expressed our next Inquiries are to bee made of the c. and of such Governours as are concealed under it and thereof our Doubts are divers and so counting on our 11. Particular DOUBT is Whether we may safely take a new Oath with an c. 11. Particular Doubt THE REASON BEcause in a new Oath we cannot be certaine without some expresse direction which in this case we find not how farre the sense of the c. reacheth and so we cannot sweare unto it in judgement as the Prophet Jeremy directeth Jerem. 4.2 but at the most in opinion There is no man would willingly seale a Bond with a blanke for the summe so that the Obligee might make the debt as large as hee listed and we conceive we should be more cautelous in ingaging our soules by an Oath then our estates by a Bond since in this the tye is more vigorous the breach more dangerous then it is in that and wee verily thinke that if wee should returne our deposition with some termes of the Oath as I A. B. doe sweare that I doe approve the Doctrine and Discipline of the Church of England and presently breake off with an c. though what followeth be well enough knowne it would not be allowed for a lawfull Oath which yet seemeth to us more warrantable then that which by this Canon is tendred unto us DOUBT 12. How farre the c. is to bee extended 12. Particular Doubt when it is expresly declared THE REASON BEcause of the variety of opinions which have beene conceived of the Contents of it * M. S. T. some who suppose they understand the Oath so well as to be able to expound it to others have said that the Governours of the Church are expressed before the c. and that under the c. are implicitely comprised the Rules or Constitutions of Government especially the Booke of Canons of the yeare 1603. but most conceive this to be an impertinent interpretation because the c. importeth somewhat of the same sort that went before and thus to expound it is to make a groundlesse transition à personis ad res but if we agree as most doe that persons are meant under the c. and those persons Governours which is most probable our Doubt is what Governours they be DOUBT 13. What Governours are included in the c. whether the King 13. Particular Doubt as Supreme be altogether omitted or implicitely contained in it THE REASON BEcause wee doe not know why hee should bee wholly omitted since hee is supreme Governour over all persons or causes both Ecclesiasticall and Temporall and so to bee acknowledged by all Preachers in their prayers before their Sermons by the 55. Canon nor can wee conceive any just cause why he should be but covertly implyed in an c. when inferiour degrees are formally expressed Object If it bee said that there is a peculiar Oath for his Supremacy to bee taken at the Ordination of Ministers and at other times by other persons upon severall occasions Answ We conceive that should bee no let to the asserting of his Soveraigne Right in this Oath because that Oath of Supremacy is expresly made as the title of it sheweth to shut out the usurpation of q The Bishop shall cause the Oath of the Kings Supremacy and against the power and authority of all forraine Potentates to bee administred to every one of them that are to be ordained So in the Ordinat of Deacons forrain powers and Potentates and so giveth no such security against those popular diminutions of his Ecclesiasticall Authority the jealousie whereof occasioned the reverend Prelates of the Church in the late Synod to propose this Oath as a Bond of assurance of their Episcopall preheminence They have shewed themselves zealous we confess in pressing his Royall Right both ecclesiasticall and civill against all r Can. 1. p. 13. popular as well as Papall impeachments and have annexed a penalty against such as shall by word or writing publickly maintaine or abett any position or conclusion in opposition to their explication of the Kings Authority But yet there is no Oath required to oblige any subject to a perpetuall approbation of his Regall power as supreme Governour of the Church as there is for Archbishops and Bishops nor is the penalty for publicke opposition thereof so dangerous as for a private forbearance of the Oath though with a timerous and tender conscience For for not taking of the Oath a Minister may for ever bee deprived of all hee hath within three moneths but for publicke opposition against the Kings power hee shall not suffer so much unlesse hee continue contumacious two yeares together as they that reade and marke the Canon shall observe It may be his Majesties Supremacie was left out by accidentall oblivion or if by resolved intention it was perhaps upon supposall that the caution of the first Canon made it superfluous and it may be there may be some secret mysterie in this omission which if wee may not presume to know some haply will imagine it is to give some better colour to the Bishops proceedings in sending out the Processes of their Ecclesiasticall Courts in their own names which hath been often reproved by their opposites as very prejudiciall to the Royall Prerogative though of late yeares for that particular there hath been an award procured and published on the Bishops behalfe according to the request of the ſ I do humbly in the Churches name desire of your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majestie that our keeping Courts and issuing Processe in our owne Names and the like exceptions formerly taken and now renewed are not against the Lawes of the Realme as 't is most certaine they are not that so the Church Governours may goe on cheerfully in their duty and the peoples minds be quieted by this assurance that neither the law nor their liberty as subjects is thereby infringed L. Archb. his Epist Dedicat. to
was intwisted in it as it followeth in the next words THE OATH Nor will I ever give my consent to alter the Government of this Church by Archbishops Bishops Deanes Archdeacons c. as it stands now established and as by right it ought to stand WHerein are observable many particulars and each of them questionable which wee will propose in that order which may best conduce to make our Doubts capable both of right understanding and due satisfaction it is this 1. The degrees of Government 1. Expressed 2. Concealed under the c. 2. Their state as it now stands 3. Their right as it ought to stand 4. Their perpetuity not to be changed 5. Our Constancy that though they should be changed we should not consent 1. Of the degrees of Governours exprest viz. Archbishops Bishops Deanes and Archdeacons DOUBT 6. Whether the degrees here specified be propounded to bee allowed in the same 6. Particular Doubt or in a different degree of assent and approbation THE REASON BEcause there is no distinction of them in the Oath but in title and order and yet there is so much difference betwixt them in respect of approbation that Deanes and Archdeacons before now were never by attestation or subscription so farre approved as Archbishops but especially as Bishops have been how then can wee be so certaine of them as now to give them as it were per saltum the highest degree of ratification at once viz. a solemne Oath when hitherto wee were never required to give our hands or passe our words on their behalfe and if the assent be intended in a different degree how can wee compose our consciences in one and the same act of swearing to approve further of the one then of the other the words of the Oath sounding the same degree of assurance to them both If then we take them together wee cannot find how wee should avow their approbation in one joynt and indistinct asseveration especially upon Oath But for Deanes and Archdeacons we have particular Doubts First of Deanes The DOUBT is 7. Particular Doubt What Deanes are here meant THE REASON BEcause in the whole Canon law there is no title of the degree of a Deane saith a Azor. Inflit. tom 2. l. 3. c. 17. pag. 360. Azorius and in divers Authours we find the name Deane of a different acception for besides the Military sense wherein it signifieth a Captaine of ten men as b Decanus dicitur qui decem militibus praeest Lindw constit lib. 2. fol. 58. p. 1. col 1 Lindwood hath it the Monasticall sense as it is taken and explained by Saint c Aug. de morib Eccles c. 31. Augustine for him who hath the Government of ten Monks the Academicall sense whereby it signifieth the same in some Colledges which the word Censor doth in some others there is an Ecclesiasticall Deane and ambiguity also in the word with that restriction for as d Duaren de minist l. 1. c. 8. Duarenus and others from him doe distinguish there is one sort which are called urban another Vican to speake in the phrase of the present age the Urban we may call Cathedrall Deans the Vican Deanes Rurall the more e In processe of time Archipresbyters were called Decani Bish Downh li. 1. pag. 188. of the defence of his serm ancient name of such was f Concil Turon 2. Can. 6. an 566. Concil Antinodor Can. 40. an 615. Archipresbyter that is as the word importeth and g Presbyterorum dicitur ut Archidiaconus Archisubdiaconus Diaconorum Subdiaconorum primi principes Onuphr interpret vocum eccles addit vitis Pontif. Rom. pag. 61. Onuphrius expounds it the chiefe or principall Presbyter and such a one is the Cathedrall Deane among the City Presbyters and a Rurall Deane among the Presbyters of the Country Whether Cathedrall or Rurall Deanes or both be intended in this Oath is somewhat doubtfull That Cathedrall Deanes are meant it is probable because they are placed next after Bishops and h So by the name of Archipresbyter is hee called and put before the Archdeacon Concil Carthag 4. can 17. before Archdeacons and though the Archdeacon i Archidiaconus sit proximus post Episcopum ejus Vicarium salvo tamen jure Decani quod ad Cathedralem Ecclesiam spectat Reform leg Ecclesiastic de Ecclesia Minist c. 6. fol. 48. b. bee said to bee next after the Bishop and his Vicar i. Generall it is with reservation of the right of the Deane in respect of the Cathedrall Church And that Rurall Deanes should not bee excluded is probable also because Bishop k The Government and Discipline of our Church by Archbishops Bishops Archdeacons Rurall Deanes c. established Reformat leg Eccles Tit. de Eccles Bish Downh in his answer to the Preface of the Refuters of his consec Serm. pag. 6. Downham brings them in as Church Governours with those that are named in this Oath and for that they are called l Archipresbyteris sive Decanis Ruralibus Ibid. c. 5. fol. 48. a. Archipresbyters which is a title above Archdeacons and in some places have had more jurisdiction as in this Diocesse untill a very few yeares last past then the Archdeacons have had And if both bee here meant then first concerning the former sort DOUBT 8. What is the Authority and Government of Cathedrall Deanes 8. Particular Doubt THE REASON 1. BEcause Deanes Cathedrall and Rurall being both comprehended under the title of Archipresbyters their office is so described by m Lindw prov constit à fol. 39. ad 46. inclusivè Spalat de Repub Eccles li. 4. c. 5. pag. 590. Lindwood and others that it is difficult to discerne what is proper or peculiar to them in severall Secondly where they are more distinctly set downe the n Decani Cathedrales ' Ecclesias juxta illarum constitutiones regant Collegiorum Canonicorum tum aliorum Clericorum Ecclesiae praesint ut Archidiaconi foras sic illi domi hoc est in Ecclesia Cathedrali Episcopo sint adjumento Reform leg Eccles c. de Eccles Minist c. 8. fol. 94. p. 21. Cathedrall Deane is brought in as President of the Canonicall Colledge for the government of the Cathedrall Church according to the Constitutions of their foundation and so is said to be an assistant to the Bishop at home that is in the Cathedrall Citie as the Archdeacon is abroad in the Country but there cometh in much doubt and ambiguity what Government is meant for the Bishops and Deanes are often at difference about their Authority which is more or lesse according as the Charters of their foundation doe vary which to some give a larger some a lesser power and preheminence For the Deanes of Westminster and Windsor as o By the Bish of Chest that now is wee have heard have Episcopall Jurisdiction which other Cathedralls for the most part have not Some have Statutes
Bishops allowing sometimes larger sometimes lesse Authority unto them Some have had power to b Crimina excessus quorumcunque Laicorum criminibus Adulterii Incestus tantummodo exceptis So in the Patent of Mr. P. Mr. E. Mr. L. for the Deanrie of F. censure all offenders and offences of the Laity the crimes of Incest and Adultery alone excepted And some have beene limited to the correction of some few faults specified in their Patents and of late about or not much above three yeares since have most of the Deanries been compounded together into one Patent or two at the most and assigned to the Archdeacons by your Lordship and by them resigned for execution to the Chancellour as their Officiall for that Jurisdiction Now if Deanes Rurall be meant in the Oath and considering what authority and power both in former times and of late they have had in this Diocesse and it may be by the Constitutions of the Church yet in force ought to have we know not why they should bee left out of the Government of the Church nor why they should not bee contained under the title of Deanes how can wee without being over-bold with our consciences take them into such an Oath there being so much diversity and uncertainty of their Authority Of Archdeacons The 10. DOUBT is What is the Authority and Government of Archdeacons 10. Particular Doubt THE REASON BEcause Deacons are inferiour to Presbyters so farre inferiour that a Deacon though dignified should not presume to sit before a Presbyter by the c Concil Constantinop 6. Can. 7. fol. 311. Caranz sixth Councell of Constantinople and so an Archpresbyter as a Deane Rurall is usually stiled should be superiour to an Archdeacon but as Doctor d Doct. Field of the Church l. 5. c. 25. p. 492. Field observeth notwithstanding all the Canons to the contrary they were many as we may have occasion to note elsewhere and the violent opposition of Hierome and other Worthies of those times they were lifted up not only above Presbyters but above Archpresbyters also and that came to passe as hee observeth for divers causes First because there were fewer Deacons then Presbyters and so e Diaconos paucitas honorabiles Presbyteros tutba contemptibiles facit Hier. ad Evagr. tom 2. pag. 334. paucity made the one sort to be honourable and multitude the other rather contemptible Secondly because Deacons had the charge of the treasure of the Church which kind of imployment is usually much set by Thirdly because they were often used by the Bishop for viewing of such parts of his Diocesse as hee could not conveniently visit himselfe and wee may conceive the reason of that to be because the Deacon was a close adherent to the side of the Bishop and that so necessarily as Epiphanius conceived that as f 3. Partic. Doubt pag. 20. lit q. before we have noted under another title hee said g Sine Diacono impossibile est esse Episcopum Epiphan Heres 75. l. 3. tom 1. p. 215. col 2. It was impossible for a Bishop to bee without a Deacon whereupon in tract of time as the Cardinalls by their propinquity to the Pope overtopped the Bishops who at first were so farre inferiour to them h refertur multos Episcopos praetermissos fuisse Cardinalari ne sie dignitate minucrentur Fulv. Pacian Tractat. de probationibus lib. 2. cap. 28. fol. 94 p. 1. col 1. That a Bishop would not be a Cardinall because hee would not submit to a diminution of dignity so the Archdeacons by their neernesse to the Bishops came to be exalted above the Presbyters which as Doctor i Doct. Field of the Church l. 5. c. 25. p. 492 Field conceiveth was in Saint Hieromes time But though there were then an Archdeacon above the Deacons who did not only officiate himselfe but prescribed unto others what they should doe yet an Archdeacon with allowed Jurisdiction over Presbyters was of a later Institution Bishop k Archidiaconatus gradus est novus Bish Andrâ—n Respâ—ad 3. Epist Pet. Moulin p. 191. Andrewes saith an Archdeaconship is a new degree which I suppose he would not have said if it had been authorized in Saint Hieromes time when if it were in use it was without the approbation of the best as hath been noted wee may well conceive then that Saint Stephen the Protomartyr was not an Archdeacon as he is called in the Decree of l Decret Lucii Pap. an 255. Caranz sum concil fol. 28. pag. 1. Pope Lucius For the Archdeacons Jurisdiction it is so diversly set downe in Ecclesiasticall Constitutions that it is very hard to tell what by rule their Office or Government is as will appeare to him who will take paines to peruse the quotations in the m Concil Aurel. 5. Can. 20. p. 473. decret l. 1. de officio Archidiac fol. 56. p. 1. col 1. Liadw provinc constit lib. 1. de offic Archidiac fol. 36. col 2. Ã Reformat leg Eccles de Eccles Minist c. 6. fol. 48. b. Azor. Instit tom 2. l. 3. cap. 43. col 448. Doct. Cous de pol. Eccles Angl. c. 6. Certaine Canons containing some points of Discipline approved in the Synod 1571. Margin so that from Constitution their Authority flyeth for refuge to Prescription of which Doctor Field saith thus n Doct. Field of the Church l. 5. c 29. pag 509. The Archdeacons which at first might not sit in the presence of a Presbyter but being willed by him so to doe in the end became by reason of their imployment by the Bishop to be greater not onely then the ordinary Presbyters but then the Archpresbyters themselves and therefore it is confessed by all that the Archdeacon hath none Authority or power of Jurisdiction by vertue of his degree and order but by prescription onely nor can hee claime more then hee can prescribe for and it may be hee may prescribe for that which is not commendable haply not lawfull as for that which the Councell of Challons severely condemneth o Can. 15. apud Symps of the Church p. 560. It is reported by some saith the Councell that Archdeacons use domination over the Presbyters and take tribute from them which smelleth rather of tyrannie then of order Prescription and Custome may prevaile against Right and Truth as many times they doe as Tertullian saith o Quicquid adversus veritatem sapit id Haeresis est etiam vetus consuetudo Tert. Whatsoever is set up against that is Heresie though it be an old custome In this Diocesse the Archdeacons have for the most part been but titular since the foundation of the Bishopricke into which were incorporated two Archdeaconries the one of Chester the other of Richmond and of late some Rurall Deanries as before we have observed were assigned unto them and some of us have heard your Lordship say That their Jurisdiction is such and so much as you are pleased
the King before his Speech in the Starre-chamber Lord Archbishop of Canterbury that now is Object But howsoever if the mention of his Soveraigne Authority bee omitted there is the lesse to sweare to and so the charge of the Oath is more light and may for that the more heartily be taken Answ It is true if the omission give no occasion of timerous surmise but to some it doth and if in charity wee hope the best of it in this case there is cause yet to doubt of the c. and therefore wee further demand of the subordinate Governours implyed in it The 14. DOUBT Who and what Governours they be 14. Particular Doubt THE REASON BEcause in the title of the seventh Canon there is mention of Archbishops and Bishops with an c. and in the body of the Canon Deans and Archdeacons are added to them and the next words are and the rest that beare office in the same that is in the Government of the Church of England And those that beare office besides these that are named are Guardians of Spiritualties Suffragans Chancellours Vicars generall Commissaries Officials Surrogates For the first t The Kings Preface before the late Can. pag. 9. Guardians of Spiritualties u So in the stat of 25. H. 8. c. 21. are those to whom the spirituall Jurisdiction of any Bishopricke or Archbishoprick is committed during the vacancy of the See x Episcopi Suffraganei coadjureres Episcoporum quorum vice nonnunquam ordinant Ministros Diaconos dedicant Ecclesias confirmant pueros ante informatos rudimentis Christianismi Doct. Cous de polit Eccles Angl. c. 7. Vide etiam Reform leg Eccles de Eccles Minist c. 16. fol. 51. b. Suffragans are titular Bishops ordained to assist the Bishop in his function whose turne they supply now and then in Ordination of Ministers and Deacons dedication of Churches confirmation of children that have been instructed in their Catechisme Chancellours who exercise ordinary Jurisdiction in the City of the Episcopall See next to the Bishop and by Authority derived from him y Can. 104. Vicars generall in some Diocesses are the same with the Chancellours as we may see by the stile of their Processes but if the office bee considered of it selfe as some describe it it is very large for thus we find it in Azorius A z Vicarius generalis potest excommunicare suspendere interdicere Sacramenta conferre vel conferendi facultatem concedere conferre Beneficia visitare inquirere instituere eligere confirmare praesentare corrigere punire votum jus-jurandum commutare relaxare Azor Instit tom 2. lib. 3. cap. 43. col 448. Vicar generall may excommunicate suspend interdict conferre Sacraments or give faculty to others for that purpose hee may collate Benefices visit inquire institute elect confirme present correct punish change vowes and dispense with Oaths a Can. 103.119.128.135 Convocat 1603. Commissaries b See Lindw constit provinc l. 1. cap. 1. de accusat verbo mandat Archiepisc are such as exercise Jurisdiction afarre off over those who cannot well come to the Bishops Consistory in the City c Can. 119. Officialls are properly such as exercise Jurisdiction under Archdeacons and are simply called Officialls without addition and if the Commissary bee called by that name as many times he is it should not be simply but as in d Lind. Tit. de sequestr possâ—ss c. 1. verbo Officialis Lindwood with the addition of Foraneus e Can. 128. Surrogates are such as are substituted by Chancellours Commissaries and Officialls To which wee may adde Canons or Prebendaries of Cathedrall Churches who are joyned in Government with their Deanes and are with them to bee à consiliis to the Bishop Clerkes of the Convocation and it may bee Parsons also may bee reckoned among Ecclesiasticall Governours for they are called Rectors of their Churches and Vicars and other preaching Pastours may be so called governing their Flocks as they doe And it may bee Registers Proctors and Apparitours of the Consistory Courts and Church-wardens and Sworn-men in particular Parishes may bee brought into the Oath by the Explication of the seventh Canon And if no Officers bee comprehended in it but Governours no Governours but such as have a coercive or compulsive power there are yet so many severall sorts of them so much diversity among them and so great difficultie to know their Government what it is and how farre it reacheth that very few not onely of the Laitie but of the Clergie also who are not profest Civilians with all can tell what hee sweareth to when hee sweareth to them under their expresse titles much lesse when under the ambiguous Intimation of c. These are our Doubts of the degrees of Government the next particular is their present state 2. Partic. As it now stands The 15. DOUBT 15. Particular Doubt Whether the establishment of the f So the Archbish of Cant. disting in his Speech in the Starre-chamb an 1637. p. 6. Adjuncts or the g So Bish Hall calleth them in the Coroll to his prop. touching Govern p. 7. not necessary Appendences of Bishops bee to bee sworne unto in this Oath THE REASON BEcause with them they now stand Episcopacy is now honoured and assisted by Baronries and the Ecclesiasticall Government by the high Commission now there are but two Archbishoprickes above the Archbishops no Patriarchs and the h Doct. Cous de polit Angl. cap. 3. Archbishops of Canterbury especially have many priviledges and prerogatives all which stand by the support or fall by the weight of Royall Authority from which their i Stat. 37. H. 8. c. 17. Stat. 1. Edw. 6. c. 2. 25. H. 8. c. 19. 1 Elis c. 1. 5 Elis c. 1. 3. Jac. c. 4. Jurisdiction is derived For first as Bishop Godwin observeth when Rich. Clifford was made Bishop of London by the Popes provision against the Kings mind it was King Edward the fourth he k Bish Godw. in his Catol of Bish p. 200. denied to give him his Temporalties and so made him desist from pursuit of that spirituall promotion and the same power will bee we doubt not confessed by all our Bishops to bee in all our Kings successively Secondly for the high Commission it was first set up as some Lawyers have told us but in the beginning of Queen Elisabeths raigne and is not so established but that by Regall power it may bee demolished Thirdly there may bee more Archbishops then two if it please the King for by the same right or better that l Ibid. pag. 58. Offa King of Mercia erected a new Archbishopricke in Lichfield leaving to the Archbishop of Canterbury for his Province onely London Winchester Rochester and Sherbourne may his Majesty that now is erect new Archbishops in what Diocesse hee pleaseth and may restore the old and so not onely Lincolne shall bee an Archbishopricke but m
Archbish Whitg out of Master Foxe noteth that about the year 180. the three Archistamines of the Pagan Britain were changed into three Archbishoprickes the one of London the other of Yorke the third of Glamorgan none of Cant. Archb. Whitg reply to Master Cartwr pag. 323. It is like the most of England was under London the rest and Scotland under Yorke as Bishop Godwin writeth and under Glamorgan Wales Godw. Catal of Bish p. 181 182. London and Glamorgan or n See Godw. his Catal. of Bishops pag. 503 504. Saint Davids and for London it continued so from the yeare 300. or thereabout though Stowe say it was the same Archbishopricke with Canterburie onely locally changed untill Gregory his time who was Pope about the yeare 600. and the King may limit their Jurisdiction as he shall conceive to be most convenient Fourthly over the Archbishops of his dominions for the calling and governing of a o Nationale Concilium Patriarcha regni convocare debet Provinciale Archiepiscopus c. Praelud in Caranz sum concil cap. 3. p. 4. edit 1633. Nationall Councell hee may place a Patriarch and King James shewed himselfe well enough inclined to such a superiority when he said p King James his premonit to free Princes and States pag 366. Patriarchs I know were in the time of the Primitive Church and among them there was a contention for the first place and for my selfe if that were yet the Question and Papall Innovation in Religion put downe for that is his meaning though he doe not plainly expresse it I would with all mine heart give my consent that the Bishop of Rome should have the first seat I being a Westerne King would goe with the Patriarch of the West as the Churches of great Britaine of q By humane Institution wee suffered our selves to be ranged under the Church of Romes Patriarchall Authority as being the most famous Church of the West a matter of courtesie no necessity no spirituall obligation Bish Hall against Brownists sect 23. pag. 590. courtesie not of duty in former times were wont to doe And for each particular Prelate whether Archbishop or Bishop he is to bee regulated for his Courts and other Jurisdiction by Royall Authority and how farre they stand established in the Kings favour purpose or promise we cannot tell nor dare we sweare much lesse dare wee bee so peremptory concerning the power of Deanes or Archdeacons for to Deanes which have not Episcopall Jurisdiction hee may grant as much priviledge as the Deanes of Westminster or Windsor doe enjoy and by the same Authority that some may have more may others have lesse And for Archdeacons the doubt is more since their establishment consists in prescription as before hath been observed and that prescription in some respects may be a prevarication fitter to be abolished then established as appeareth by that of Spalatensis saying r Cum Archidiaconi jam passim supra Presbyteros collocentur id tandem nimiâ corum pertinaciâ Praelatorum conniventiâ eos evicisse meritò possumus affirmare Spalat de Repub. Eccles lib. 7. c. 4. pag. 273. 58. That the Archdeacons placing above the Archpresbyters is to be imputed to their pertinacy and to the Bishops connivence But in this Diocesse for many yeares past Jurisdiction hath not been so much as an unnecessary appendance to Archdeacons since all that while it hath been no appendance at all for untill very lately they had no Jurisdiction at all wee cannot then say much lesse sweare their Government is established since it was but newly erected and made up out of Rurall Deanries which is a fabricke like a Tent or Tabernacle newly set up and may bee quickly taken downe againe 3. Partic. As by right it ought to stand The 16. DOUBT What this Right is 16. Particular Doubt by which the Government is meant to stand THE REASON BEcause there bee some that thinke these words a limitation or restriction of the former as if the meaning were that we ought to approve of the establishment of this Government so farre as of right it ought to stand and no further but concerning that they that framed the Oath could make no doubt of any ones dissent and therefore in that sense would call for none assurance upon Oath It is more consonant to reason to conceive that they meant to have an acknowledgement not onely that the Government de facto is indeed established but that de jure also of right it ought to bee so but then Quo jure will be the Question whether the same or a diverse right If the same whether shall Bishops come downe to Deanes and Archdeacons and claime no better warrant for their dignity then they or shall Deanes and Archdeacons advance the Tenure of their Authority as high as Bishops doe to claime their preheminence and power by divine right that as in the case of the Boemians concerning the use of the Communion cup at the Councel of ſ Basiliense concilium concessit Boe miae utriusque speciei usum modo faterentur id sibi conce di ab Ecclesia non autem ad hoc teneri divino jure Bellarm. l. 1. de Sacram. in genere c. 2. sect 2. Basil but more justly then so may bee denied to them all when under some other title preheminence may be allowed unto them Some conceive the word Right was left at large in favour to Deponents that there might be a latitude for such as are of a scrupulous conscience to conceive such right as they could best approve of and especially that right which agreeth to them all to wit a Positive and Ecclesiasticall right by humane constitution or prescription But those that have better meanes to know the minds of the Composers of the Canons will have the Right diversified according to that to which it is applyed as that Bishops stand by divine Right the rest by Right Ecclesiasticall To this purpose we may bring in the saying of our Saviour Lo Lam with you to the end of the world Mat. 28.20 which is not to be understood in person but by assistance for neither he nor they his Apostles to whom hee spake were to bee in the world untill the worlds end and this assistance is divers infallible as to the Apostles but sufficient only to their successors so the Right may be conceived to be divine in respect of Bishops but humane to all the rest But of this tenet of divine Right though it be held by very t The Archb. that now is in his Speech in the Starre-chamber p. 6. Bishop Hall in his late booke intitled Episcopacy by Divine right great Prelates of our Church and by u Bish Andrewes in his Answer to the 18. Chapter of Perrons Reply p. 15. some said to be the Doctrine of our Church such a Doctrine and so fully delivered by the Apostles That there is not the tenth part of the Plea for the Lords day from their
expunge his name out of the Catalogue of u One onely branded Hereticke i. Aerius in so many hundred yeares opposed Episcopall government Bishop Hall of Episcopacy part 1. p. 66. Heretickes but to enroll it in the Register of Orthodox Doctors And for the Tridentine Decree it is the lesse to be regarded because wee may say as Bishop Jewel doth of x As for the words of Leo his own authority in his own cause cannot be great Bish Jewel defence Apol. part 2. c. 3. pag. 101. Leo The words of the Bishops of that Councell are of no great weight because they make a Decree in their owne cause But Chrysostome and Augustine were Bishops though Hierome was none and yet they spake of Bishops and Presbyters so equally as hath beene said and if untruly indiscreetly also because both against the truth and themselves We may say the same of Bishop Jewel whose judgement is plaine against the opinion of Divine Right by his exposition of Saint Augustine fore-alledged Besides y Panormitanus in quaestionibus suis ex mala interpretatione Hier. negat hanc Divino Jure inter Episcopos Presbyteros distinctionem Franc. à Sancta Clara Apol. Episc pag. 64. Panormitan and z Fulv. Pacian de probationib l. 2. c. 28. fol 96. Pacianus very famous men in their faculties the one for a Canonist the other for a Civilian and divers more to say nothing of the a Chamier tom 2. l. 10. c. 6. pag. 350. learned men of the Reformed Churches in forraine parts will not admit of any preheminence of a Bishop above a Presbyter by Divine Right All which wee alledge not to contest with the reverend Prelates in point of Authority but to shew that if an acknowledgement of Episcopall preheminence as of Divine Right bee required in this Canon and by that wee have shewed wee have cause to suppose it it is too problematicall an opinion for such confidence as should accompany an Oath Of Archbishops Of Archbishops though their Authority be greater yet as touching the Tenure by Divine Right our beliefe is lesser for they that hold Bishops to bee superiours to Presbyters by Divine Right as the Apostles were superiours to the 72. Disciples doe not for the most part unlesse they be Papists allow of Archbishops in that sacred Episcopacy and even he who was an Archbishop himselfe and highly advanced in print the Episcopall degree hath out of Ignatius observed and thereby affronted the Papall usurpation that the twelve were all b Abundè probavi Christum suam Ecclesiam Apostolis omnibus aequè commendâsse eosque ad hoc necessariâ potestare aequè omnes adornâsse confentit Ignat. episi ad Philadelph dum ad Apostolos veluti ad Presbyterium Ecclesiae Collegium recurri postulat Collegium verò Aristocraticum nemo ignorat Spalat de Repub Eccles lib. 1. c. 12. pag. 137. The Archbish that now is saith the like of the Aristocraticall Government and equality of the Apostles and quoteth Bellarm. de Ro. Po. l. 1. c. 9. to the same purpose making account his words are a confession of the truth against his owne side So in relat of his conference pag. 168 200 202 380. See Bishop Hall of Episcopacy part 2. pag. 13. equall as an Aristocraticall Colledge no Prince or Monarch ruling over the rest as the Romanists pretend and assume in the name of St. Peter wherein Saint c Jam illud considera quà m Petrus agit omnia ex communi Discipulorum sententia nihil authoritate suâ nihil cum Imperio Chrysost bom 3. in Act. Apost cap. 1. tom 3. col 459. Chrysostome is directly opposite unto them observing how Saint Peter in an assembly of the Disciples doth all by their common consent nothing by his owne authority nothing in a lofty or a Lordly manner For that Authority which they take up as Saint Peters right his Master and ours thought too much for him or any one man else fore-seeing as the Archbish of Spalato noted d Spalat de Repub. Eccles l. 1. c. 12. p. 138. That a Monarchy in a Church-man would bee apt to breake out into a tyrannie over the Church And for the tenure of Archiepiscopall authority wee may beleeve Bishop e Bish Jewels defence of his Apolog part 2. c. 3. divis 5. pag. 110. Jewel where hee saith in answer to Master Harding that though Primates or Archbishops had authority over the inferiour Bishops yet they had it but by agreement and custome neither by Christ nor by Peter nor Paul nor by any right of Gods Word Object If it be objected as by some it hath been that though the Apostles had no Archbishops among themselves who had a priority of Order and a majority of Rule above the rest of that fundamentall Function yet in respect of other Bishops constituted by them they were all Archbishops to those that were under them It may be answered Answ 1. That the right of Episcopacy hath not been so well cleared by Scripture that it should bee taken for an undoubted ground whereon to erect an Archiepiscopall power for there is so much difficulty and dispute about that as makes it to us uncapable of the assurance of an Oath Secondly our Protestant Divines when the Papists plead for Peters Episcopall or Archiepiscopall supremacy at Rome to maintaine the usurpations of the Pope upon all other Churches answered that as we conceive according to the truth that to bee a Bishop or Archbishop and an Apostle imports a repugnancy for both Bishops and Archbishops were confined to a certaine compasse for their Authority but the Apostles were of an unlimited liberty and power both for planting and governing Churches all over the world wherein they had every one of them such an equall and universall interest that f Non erat ea facta divisio scil inter Apostolos ut alter ab alterius abstineret Apostolatu Baron Annal. tom 1. an 51. 27. col 424. no Apostle had any part of the world to himselfe wherein the rest had not an Apostolicall and Pastorall right as well as he which is not nor can be so in Episcopall or Archiepiscopall callings Object If the opinion of g Estius comment in 1 Tim. 5.19 col 809. Estius be interposed viz. That Archiepiscopacy was founded when Timothy was made Bishop of Ephesus the Metropolis of Asia wherein he had h Bish Hall reckons 36. Bishopricks under Ephes part 2. p. 24.43 See Will. Synops papis controv 5. in append ad quaest 3. p. 273. many Bishops under his Jurisdiction that to say nothing of what is said of the unbishoping of Timothy and Titus in a particular booke of that title being brought in without proofe will bee as readily k Didoclau Altare Damascen pag. 175. denied by some as it is easily affirmed by any and if we should say that untill Pope Zepherinus in the third Century named himselfe an l Cent. 3. c. 10.