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
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
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
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
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
was made there was a binder and a bond but none present or known to bee bound When the offence is committed there is one to be bound but where is the binder And yet in their latest Canons made in the first yeare of the Kings entry they have made excoÌ„munication ipso facto to be the sanction of many of their Canons excoÌ„municating ipso facto all such as shall affirme the forme of their Church service to be corrupt and superstitious the rites or ceremonies established by law to bee wicked Antichristian or superstitious the government of their Church by Archbishops Bishops Deanes Archdeacons c. to be Antichristian or repugnant to the word or that the forme and maner of making or consecrating their Bishops Priests and Deacons is not lawfull c. So that at this day the better sort both of the ministerie and professours amongst them do stand excommunicate by this Popish guise The next thing to be considered is the sole authoritie of bishops excommunicating by themselves alone or their Deputies Officials Chancellours Archdeacons the ministers and professors in whatsoever Church of their large Diocie When Christ sayd Tell the Church Math. 18. was this the meaning Tell my Lord Bishop or his Chauncellour the Archdeacon or his officiall Can this collective name Church by any shift be drawne to signifie one particular person Canterburies grace himselfe or the great Pope himselfe Is the Pope the universal Church or the Bishop the diocesan Church or his Chauncellour Christ maketh a graâ—ation from one to two at last to many The Apostle reproveth the Corinthians because they had not already excommunicated the incestuous person And do yee not judge them that are Within sayth the Apostle 1. Corinth 5. 12. In the second Epistle chap. 2. v. 10. hee declareth that they haâ— power to forgive and reconcile the same incestuous person And writing to the Thessalonians hee willeth them to note the man who obeyed or harkned not to his Epistle and to have no companie with him that he may be ashamed 2. Thessal 3. 14. Now there was no Bishop at all either at Corinth or Thessalonica as they themselves will grant farâ— lesse an usurping Prelate drawing all the power to himselfe It is one of the weightiest judgements in the Church and therefore not to bee permitted to the pleasure of one man It is not onely the Bishop thaâ— hath this power alone to excommunicate by himselfe or his Deputie but also the Deane Prebendaries and Canons in welnigh all the cathedrall and collegiat churches throughout the Realme having certain Parochiall churches exempted from the Bishop within their exempt and peculiar jurisdidictions by meere Pastorall authoritie for Episcopall authoritie by the lawes of the Church they haue none may exercise all manner of spirituall censures and that as wel by their substitutes as by themselves Nay iâ— hich is more in Cheshire Lancashire Yorksire Richmondshire and other Northern parts there bee many Whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have not onely the prohate of wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures yea this authority of the execution of Ecclesiatsticall censares have those Deanes either long since by some Papall priviledges obtained or else by long use prescribed agâ—inst the Bishops Whereby againe it is clearly convinced that Episcopall excommunication used in the Church of England is not of divine institution but onely by humane tradition for were it of divine right then could the same no more be prescribed or by papall immunitie be possâ—ssâ—d then could these Deanes prescribe power or be infranchised to breach the word or to administer the â—acraments Yee see Cathedrall Deanes Canons and Prebendaries in cathedrall and collegiat churches and some rurall Deanes may use the Ecclesiasticall censures But the Pastoâ—s of the Churches set over their flocks to govern rule with power of the keyes are deprived of the other half of their pastoral charge and the pastorall staffe as I have sayed is taken from thâ—m Thirdly they excommunicate for trifles The last petition which was made the first yeare of the Kings entry reporteth thae thâ—y excomunicate for trifles and twelvepennie matters If a man pay not the fees of their Courts he shall be excommunicate For the Chancellors Officials the Registers the rest of that rable must not want their unreasonable dues They doe not excommunicate in the congregation where the offender dwelleth but in their Courts in forme of a writ in Latine proclaimed in the Bishops or Archbishops name as Barrow reporteth and so also is their absolution The excommunication may perhaps he intimated a long tyme after in the congregation and the people warned to beware of the man who was excommunicate in their Court perhaps for a trifle The Admonition to the Parliament sayth that whereas the excommunicate were never received till they had publickly confessed their offence Now for paying the fees of the Court they shall by Mâ— Officiall or Chauncellour easily be absolved 5 The manner is that if the apparitor cannot persanally cite the person to be summoned he useth leave word at his house If he come not at the day he is forthwith excommunicate as the defender of thâ— last Petition â—oeth report 6. They transfâ—rre this power of excommunication to lay men their Chauncellours and officialls whereof we shall intreate in the owne place The curse Anathema some doe not distinguish from the great excommunication but onely in some solemnities because it is uttered with some externall signes and ceremonies to strike a greater terrour Others do distinguish it and Mucket defineth it to be that censure whereby a pernicious heretick as Gods publick enemie reiected cursed execrate is adjudged and given over unto eternall judgement and damnation This is answerable to that anathema which the Apostle calleth Maranatha or the Talmudists schamatha But such a censure cannot be inflicted unlesse it be revealed to the church that the offender hath sinned against the Holy ghost Besides the censures common to lay men and ecclesiasticall persons already meÌ„tioned there are these two reckoned by Mucket corporall pennance and deniall of buriall in sacred places Corporall pennance is inflicted upon the outward man For to the publick confession of the offence there is some bodily pennance adjoyned and enioyned the offender As for example to stand upon a Lords day bareheaded and barefooted cloathed with a white sheet having a white wand in his hand at the porch of the Kirck and when he entreth into the Kirck to prostrate himself to kisse the ground and then to come to the midst of the church crave forgivenes This manner is descrived by Mack Lindwood in his Provincial reckoneth for corporall pennances thrusting in a Monasterie imprisonment striping and the imprinting of a mark upon the person Many moe â—ere the popish pennances which turned into
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
Chauncellour are even faine to laugh it out many times when they can keep their countenance no longer Suppose our high commission were never so odious yet the Bishops shall bee sure of such servile varlets Commissaries Officialls and Chauncellours to sit with them for why they shall be their own creatures It is no wonder they be bribers for the Bishops and Archdeacons set in farme their jurisdiction to them Some Chauncellours and officialls pay 20. some 30. some 50. pounds yearly for their place Registers some an hundred some two hundred pounds some more How then is it possible but they should extort in their office and by unreasonable and untollerable exactions make up their hard rents as it is sayd in the Defence of the last petition for reformation Many greivous complaints have been made against Officialls Commissaries and Chauncellours from time to time in Germanie France and other countries which I might produce to make this bondage yet more sensible CHAP. 6. Of Suffraganes Deanes and Cathedrall Churches WE have seen in the former Tables what persons have judiciall administration Now follow Persons having no Iudiciall administration Those are either Ecclesiasticall persons or lay-men Ecclesiasticall persons are the Deacon and the Minister and they have their function either without perpetuall title as Curates or with title The second sort either have a peculiar function beside their common function or have not a peculiar function These who have a peculiar function beside the common either have it through the whole â—â—iocie or but in a part of it Through ane whole Diocie as the titular Bishops who were of old called Chorepisâ—opi that is Rurall Bishops now they are called Suffraganes They are to bee considered either according to the place which they hold in the Common-wealth to wit next unto Barones or according to the place which they have in the Church to wit that they are Bishops both in calling and order but wanting jurisdiction 2. Dedicate Churches 3. confirme children instructed before in the Rudiments of Christian religion and that in a Diocie allotted unto them That which is here sayd of Suffraganes that of old they were called Chorepiscopi is controlled by Mucket himselfe For hee saâ—th that the Rurall Dâ—â—nes are like the old Chorepiscopi Deâ—â—ni 〈…〉 is Ecclesiae Chorepiscopis Aâ—chipresbyteris Regionarijs haud absimiles And so doth Bleynianus also in his introduction into the theorie and practique of benefices At the first where the Gospell was spread through the Countrey townes and villages as it was through Cities so they had Counâ—rey or rurall Bishops as well as Bishops in cities But ambition and pompe in Citie Bishops increasing it was thought a disgrace that such a dignitie should bee obscured with a meane place of residence Therefore it was decreed that it should not bee lawfull to ordaine any Bishop either in villages little forts or small Cities lest the name and authoritie of a Bishop should waxe vile Sathan was advancing this way the great mysterie of iniquitie Because he would make of Bishops young Princes hee went about as is well observed by Mr. Cartwright with robberie of the rest to lift up the head of one otherwise the great pompe which they were striving for could not be maintained At the first the countrey or Rurall Bishop had the same power in his circuit which the Citie Bishop had in the citie and suburbs of it Hierome sayth that the bishop of an obscure citie hath as much authoritie as hee of the most famous citie The Presbyters who were ordained by them their ordination was not made voyd and reversed untill they were throwne downe through the pride and dispite of citie bishops to the order of priesthood which is an argument sufficient that they were in estimation and judgement of the Church bishops of that same sort and kinde that the citie bishops were Beeing spoyled of the greatest part of their power and name also they there called Archipresbyteri at the last Countrey or Rurall Deanes and were made subject not onely to Bishops but also to their Archdeacons No propter subrogationem in locum Chorepiscoporum superbirent Archipresbyteri idem sibi quod antea Chorepiscopi arrogarent si immediate Episcopis supponerentur sayth Bleynianus a Papist This is his conjecture that the Archpresbyters were thrust downe to a degree lower then Archdeacons lest if they had been immediatly subiect to Bishops they might perhaps have claimed the power of the old countrey Bishops to whom in place they succeeded For justly Archpresbyters may claim by their order that which Archdeac cannot do For howbeit they be inferiour to Archdeac in Popish dignitie yet they are greater then Archdeacons in respect of their order Countrey Bishops at their first erection being equall to Citie Bishops were not their Deputies In the later and corrupt ages proud Prelates and loytering Lords addicting themselves to the world seeking ease or intangling themselves with wordly affaires as they commited the Ecclesiasticall jurisdiction to Chauncellours and Commissaries so that which is most proper to them as they pretend as ordination of Priests and Deacons confirmation of children and dedication of Churches they committed to Suffraganes that they might give themselves to ease and wait upon Councells Parliaments and other civill Courts and reserved nothing belonging to their owne charge that might trouble their ease or draw them from attendance upon Princes Courts and civill employments D. Field alledgeth against these Suffragane Bishops Melchior Canus a papist Such Bishops Melchior Canus entreating of Councells and the persons wherof Councells consist sayth they are so farr from having any place or voyce in councells that they neither have nor ought to have any place in the church at all The Bishops he speaks of he calleth annular Bishops happely for that whereas full Bishops had both staffe and ring expressing their jurisdiction as well as their espousing to the church these had the ring onely That Suffraganes may ordaine Priests and Deacons and confirme in their Church is evident by their latest Canons Now if Bishops may transferre these things which belong to their order to one Suffragane they may transferre it also to moe and consequently to all the Cathedrall and countrey Deanes and restore the countrey Deanes to their old liberties againe It dependeth onely upon some new Canon The Bishop of Spalato sayth Imo si vult Episâ—opus canones non prohiberent potest suos parochos plene Episcopos facere ordinare ut omnes sui or diniâ— actus plâ—ne possint explere simul ac in soli 〈◊〉 cum ipso Ecclesiam gubernare The Bishop may make all his parish priests not onely halfe but full Bishops that they might governe the Church in common with him sayth he if the Canon law were not an impediment The parish priest may curse this Canon law that hâ—ndreth them of that which Gods law alloweth them But that which Divine law hath given
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
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
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
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
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
shall require All â—auses testamentarie and their appendicles are impertinent for Episcopal audience or any Ecclâ—siasticall oâ—sistorie Bona caduca is taken in the lawes as when failing him to whom they belonged by law the goods fal to another as the akorn which falleth to the ground when there is none to take it up is called Caducâ— glans By law Ecclesiasticall and coâ—firmed by the Municipall as 1. to conferre benefices or to institute into a benefice at the presentation of others 2. to command the persons instituâ—ed to be inducted 2. to command the fruits of vacant benefiâ—es to bee gathered and kepâ— in suâ—e custodie by some indifferent man to the use of the next successor 4. to assigne a competent portion to a vicarâ— 5. To grant dimissorie or testimoniall letters 6. to visit every third yeare thâ— Diocie Oâ— institution collation induction we shall entreat in a fitter place As for the third the sequestration of the fruits of the vacant benefices the authour of the Assertion of the true Christian Church policie thus writeth By the interest where by the Bishop challengeth to be custos Eccl. siarum there happen as bad if not worse then these for there is no sooner a Church voyd but a post is sent in all haste with letters of sequestiction to sequester the fruits to the use of the next incumbent which next incumbent for the greater care taken to preserve the fruits to his use before hee can obteine to be put in reall possession must pay 10. shillings or a marke or more for these letters of sequestiation with as much more also for letters so called of relaxation besides 2 pence 3 pence or 4 pence a mise for pottage Somner â— And from hence as â— take it is the Patron very much 〈◊〉 For he being as appeareth by the Statute of 25 Edm. 3. Lord and Avower of the Benefice ought to have the custodie and possession thereof during vacancie The fourth should not be at the Bishops carving but it is no great matter what be modified to them seeing they are for the most part hirelings or blind guides As for the fift it is agreeable to good ordour that no Clergie man passing from one Diocesse to another should be admitted to take on any cure without letters of commendation and a Testimoniall of their honest life and conversation and sufficient qualification but that this should be in the Bishops power is against reason and therefore no wonder if many abuses and inconveniences arise upon their flight Passe-ports Visitation is needfull and it were better for the Church if it were annuall But that the Bishop or any other should be sole Visitor is hurtfull A number is more able to make a sharpe enquirie for moe eyes see better then one and would not be so foone drawen away with corrupt partialitie The chiefe part then of voluntarie jurisdiction is every three yeare to visit the Diocie and to enquire by the Church-wardens and Side-men of the excesses and defects either of the minister of the Church wardens themselves or the rest of the parishioners Or the Minister as he is Minister or as he is another sort of man As Minister either in respect of his publick function in committing or omitting what hee ought not or in respect of his private life for many things are tollerate in lay men which do not besâ—eme Ministers Or the Church-wardens themselves and that concerning their office either in the Kirk or temple or out of it Oâ— the rest of the Parishoners â—ither as having some peculiar function or any other Christians As having peculiar function Phisitians Chyrurgians Schoolemasters Mid-wives if they exercise their function not being approved or use â—â—rcerie or superstition keepers of hospitals when according to their foundation the Bishop is only appoynted visitor or no other Of the other Christians offending against pieâ—ie righteousnesse sobrietie Against pietie as by blasphemy against God or the holy scripture idolatry superstition sâ—rcerie if it be such as by civill lawes of the kingdom is either not at all corrected or by order and dirâ—ction of the lawes is made also subject to Ecclesiasticall censures Breach of oath called Laesio fidei made before an Ecclesiasticall Iudge or voluntarily to any private man Heresie error against the Articles of Religion set forth in a Nationall Synoâ— holden the yeare 1562. and confirmed by royall authoritie schâ—â—me unlawâ—ul conventicles absence from divine service in their own parish upon the Lords dayeâ— or other festivall dayes where there is not a lawfull impediment unlawfull abstinence from parâ—aking of the Lords Supper which is to be celebrated thrice every year Against justice calumnie contumely râ—proach anent any cause Ecclesiasticall Simoniacall suing for sacred orders or degrees or of a benefice Vsurie above the rate often in the hundred by yeare Temerarious administration of the goods of the deceased subornation of perjurie falshood or forgerie committed in any Ecclesiasticall action violence to a minister deâ—eining of that which was left in legacie to the use of the poore or of goods due to the publick uses of the Church dâ—â—apidation of Ecclesiasticall goods and buildings Against sobriety as incontiniencie whatsoever committed with one of his kindred or bloud or of alliance either of them within the 4. degree exclusive according to the computation of the civill law which is called incest or adulterie or committed with a widow which is called stuprium or where both bee single tearmed fornication fiâ—thy speech sollicitation of anothers chastitie drunkennesse clandestine mariages either in respect of consent of parents or tutors not obteined or of the private place or witnesses moe then two not being present or the bannes not proclaimed three several times upon the Lords dayes or holy dayes in lawfull distance In this table we have an enumeration of offences belonging to Ecclesiasticall cognisance but it is unsufficient For there are many moe then are here expressed as Theft Sacriledge Murther Prophanation of the Sabboth Sodomie disturbance of divine service Polygamie Diffamation c. as by opening of the 10. commandements may be drawn out to a great number which ought to be censured by the Church This partition wall of crimes made in the Canon Law to make some crimes temporall others spirituall hath made the crimes reputed Ecclesiasticall to bee neglected by the Magistrates and many crimes not reputed Ecclesiasticall on the other side to be neglected by the Church As Adulterie howbeit by Gods law it be capitall so ought to be also by the law of man is not made capitall by their lawes but referred to the Ecclesiasticall Courts as proper to them many sins of witchcraft and sorcerie likewise And on the other side a Theefe should not passe uncensured by the Church howbeit he be overseen by the Magistrate For the church ought to deale with every scandalous sinner to bring the sinner to repentance notwithstanding the Magistrate pardoÌ„ or neglect to punish Next they have the offences there
fruits and crop of the ground as of corne or fruits of trees Personall are such as are payed by reason of the person himselfe out of the gain that he maketh of this trading handicraft hunting warfaring c. The Mixt is added by sâ—me as a third kinde but others reduce them according to their diversitie to one of the first two and such are the birth of bestiall wooll milke whether they be fed at home or be at pasture in the field Tithes of whatsoever kinde are but temporall goods not spirituall howbeit they be annexed to spirituall things and be appoynâ—ed to uphold and maintaine divine service and spirituall functions Tithes were of old recovered in the Kings Court not in Ecclesiasticall as is averred in a treatise alledged by the author of the Apologie of proceedings in Courts Ecclesiasticall We think that the Kings Courts be put out of iuâ—â—sdiction for tythes by a custome of the Realme and not by the immediat power of the law of God And againe That suits for tithes shall be taken in the spirituall court is onely grounded upon a favour that the Kings of this realme and the whole realme have in times past borne to the Clergie That the kings Courts of his Bench and common pleas and also other inferior courts were put out of jurisdiction for tythes suits for tithes were granted to spirituall Courts was a favour it is true granted to the Clergie inabling them with power within themselves to recover tithes destinate to their maintenance but wee must not look so much to the commoditie wee may reape by the grants of Princes as whether Church consistories should medle with such controversies concerning things temporall This man owe me a cole that man a stiâ—k the third two stone of butter the fourth such a number of Saffron heads the fift so many sallow Trees such and such suits were verie pertinent for a Presbyterie to sit upon for the Presbyterie is the true and right Consistorie Now change this Consistorie as ye please and make the Bishop alone to be the Church consistorie it is all one For the causes themselves being temporall the qualitie of the person doth not alter the nature of the cause In the Assertion for true and Christian policie it is said That by a statute 32. Hen 8. c. 44. it is enacted That the Parsons and Curates of five Parish Chuâ—â—hes whereunto the Town of Royston did extend it selfe and every of them and the successors of every of them shall have their remedie by authoritâ— of that Act to sue demand aske and recover in the Kings Court of Chancerie the tithes of corne hay wooll lambe and Calfe subtracted or devyed to be payed by any person or persons Are the tythes of other Parishes more spirituall then these of Royston But admitting such pleas to be pertinent for a spirituall Court they should not be turned over to a Civilian the Bishops Officiall And what favour is granted to Church men by Princes when a Doctor of the Law shall determine in these pleas 2. Oblations due of custome either every quarter of the yeare or in baptismes or at blessing of mariages or at Churching of women or at burials 3 Mortuaries 4 Indemnities 5 Procuâ—aâ—ions 6 expences laid forth for the repairing of Ecclesiastical buildings decayed by the negligence of the Predecessour 7. Synodalls 8. wages and feel due for causes judiciall as to the Iudge the Advocate the Proctor the Clarke Or for causes out of judgement as to the Curate or Sexten A procuration is the furnishing of necessarie expenses for the Archbishop Bishop Archdeacon or any other having power to visit in respect of their visitations For howbeit the Bishops have great temporalities and possessions Ecclesiasticall that doth not content them but they must be sustained besides in their travelling They say they must have great riches because they have a great burthen and must not discharge their charge still in one place but through the whole Diocie And yet when they have gotten more then may suffice reasonable men they will not travell without a new pension and their expenses borne For no man is bound say they to goe on warfare on his owne cost And so with a new trick they got procurations annexed to their visitations as proper stipends due to visitors At the first the visitor and his retinue had their sustentation in victuals for the day which he visited the particular Church Afterward the procuration was rated to some value of money answerable respectively to the dignity of an Archbishop or Archdeacon for their retinue was prescribed in the Canons and Constitutions The Archdeacon was appointed to have onely to have 4. persons on horsebaâ—ke and one Sumner What think ye then shal be the retinue of the Bishop or Archbishop if this be moderate in the Archdeacon Farther whereas they ought not to have procurations except they visit every particular Church They will visit 30. or 40. churches in one day at one place and yet receive the diet in money of 30. or 40. churches or dayes They make commodity of their visitations otherwise also as ye have heard Synodals are another pension due to the Bishop by every Church in the Diocie for convocating Synods And yet their Synods are not worthy the name of Synods for the Diocesan Bishop is onely Lord and Iudge the rest are to bee judged rather then to partake in common with his power A Mortuarie is the second beast that the deceased person hath within the parish if hee have three or above the best being excepted and reserved to the iust owner If the three be of one kind or of divers the parish Priest must have the second and wherefore I pray you for recompensation of the personall tithes or offerings withholden while he lived yea howbeit ignorantly and unwittingly sayth Lindwood and to what end pro salute animae suae sayth Simon Langham Bishop of Canterburie in his Provinciall constitution For the safetie of the soule consisteth in remission of the sinn sayth Lindwood in his glosse upon that constitution which is not remitted sayth hee unlesse that which is withholden be restored These are the Mortuaries as yee see which are demandable in their spirituall courts Oblations should be free from compulsion and superstition not offered immediatly to God upon the Altar as sometimes they doe nor exacted under the colour of maintenance of the ministerie whereto the tithes are already bestowed to that use The rich parson yea the Bishop himselfe claimeth a right to these oblations as well as the poorest Priest To compell men to offer by the censures of their Courts is against the nature of a free offering The fees demandable in their Courts as due to the Iudge the Register the Advocates the Proctors are unreasonable Large fees are payd for the Iudges sentence for the Register and the proctors pains above the rate set down by their Canons as the defender of the last petition doth affirme
de accusat c. 1. in glossa and is ordained to this speciall end that hee suplieth the Bishops jurisdiction and office in the out places of the Diocie or else in such parishes as be peculiars to the Bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there bee Archdeacons that have iurisdiction within their Archdeaconries as in most places they have there this commissarie is but superfluous and most commonly doth rather vexe and disturbe the countrey for his lucre then of conscience seeke to redresse the lives of offenders And therefore the Bishop taking praestation money of his Archdeacons yearly pro exteriori jurisdictione as it is ordinarily called doth by superonerating their circuit with a Commissarie not onely wrong the Archdeacon but the poorer sort of subiects much more as common practise daily teacheth to their great woe The Bishops Chauncellour and Commissarie and the Archdeacons official are all three termed officialls in the canon law the Chauncellour the principall officiall the Commissarie Officialis foraneus the third the Archdeacons officiall or by the generall name of officiall In the lawes and statutes of England the first is called Chancellour the second Commissarie the third by the generall name of Officiall The name of Chauncellour in this sense is not so ancient as that of Officiall sayth D. Field and that in a generall signification it is used for any one that is employed for the giving of answer to sutors for keeping of records and notes of remembrance and generally for the performance of some principall duties pertaining to him whose Chauncellour he is sayd to be The principall officiall that is the Chauncellour howbeit he be but onely a Deputie yet by fiction of the law when hee cognosceth any cause hee is interpreted to bee but one person with the Bishop and to make but one consistorie with him So that howbeit the Bishop be not present there yet it is his consistorie Such fictions of law have been made by cosening and deceitfull Prelates to deceive the world And therefore say the Canonists there lieth no appellation from the principall Officiall to the Bishop but to the Archbishop yet from the Commissarie who is Officialis foraneus there lieth appellation Regularly appellation also may be made from the Archdeacon and other inferiour Prelates to the Bishop sayth Canisius unlesse the custome of the countrey hath brought in another order The Archdeacon hath a certaine circuit of the Diocie wherein he exerciseth his office and iurisdiction For everie Diocie is divided into certain Archdeaconries comprehending about the fourth part of the Diocies if they be great Diocies But if they be lesser Diocies they haue but one Archdeacon as Canterburie Rochester Glocester Bristow Worcester c. The Archdeacon by vertue of his degree and order hath no jurisdiction but onely by prescription of time that is a papall custome which is yet retained in the English Church In Hieroms time at Rome the Deacons began to exalt themselves above Ministers against which usurpation evil custome of the Church of Rome he inveigheth with great vehemencie as a thing unsufferable that the ministers of tables and to widowes should be lifted up with pride aboue the minister of the word and sacraments and opponeth to the custome of the church of Rome the custome of all the churches in the world And yet the old corruption of that one church wherin ther institutions ye see if they were excellent hath spread over the whole church and grown to a great height So that the Archdeacons will not sayth Mr. Cartwright take the best Ministers of the church as their equalls They are called Archdeacons not of one particular Church but of a whole shire whereas Deacons were appoynted in several churches It is true that many of their Archdeacons are also ministers but yet they exercise their iurisdiction over a whole shire ministers and others within the bounds of their Archdeaconrie not as Ministers but as Archdeacons When the Bishop should have visited his Diocie and inquired into needfull reparations of the church and what other things were out of order hee sent his chiefe Deacons to visit for him At the first they were sent onely to visit and make report but not to sententiate in any mans cause sayth D. Field or to meddle with the correcting and reforming of any thing but afterwards in processe of time they were authorized to heare and determine the smaller matters and to reforme the lighter and lesser offences Hence in time it câ—me that Archdeacons much used by Bishops as most attendant on them in the visitation of their churches and reforming small disorders at length by prescription claimed the correction of greater things at having of long time put themselves into the exercise of such authoritie So the Archdeacons in the end became greater then the Deanes let bee common Ministers The lazie Bishop sent his Deacon to enquire into the life and conversation of the Clergie and Ministers which was not his office yet ye see from what a small beginning he is risen to so great a height It is dangerous to depart from the right paterne shewed upon the mount Againe to make a Preacher of the word a Deacon is to conioyne these two offices which the Apostles did separate Archdeacons then almost through all England by papall prescription have jurisdiction within their bounds and power to visite to inquire into offences to receive presentments to punish with ecclesiasticall censures to substitute officialls to supply their roomes in their Consistories whereby it hath happened that the subjects haue been molested for one and the selfe same fault by the Bishops Chauncelours and the Archdeacon or his officiall In a Canon lately made anno 1603 they haue transacted the matter so that they shall not medle with the presentments received at others visitations how the transaction is kept I cannot tell It is to be observed that Chauncelours and officials are Civilians Ministers doe sometime also beare these offices but utterly ignorant in these faculties For these Courts being confused Courts wherin matrimoniall testamentarie and other causes of temporal matters are handled not belonging to ecclesiasticall cognisance no wonder the Minister be ignorant in them But on the other part it were a shame if a Civilian should know better how to deale with an offender and to bring him to repentance Againe what a grosse absurditie and intolerable abuse is it in the Church of God that Chauncelours Commissaries officialls being Civilians should meddle with the censures of the Church The Bishop hath vendicate to himself the whole power of excommunication and then he transferreth this his power by a generall commission to another which he may not lawfully doe no not to a minister far lesse to a Doctor of the Civill lawe whom he appointeth to be his Chauncelour or the Archdeacon to him whom hee appoynteth to bee his Officiall They
to answer the Bishop what the office of a Deacon was may be one for example to let us see what manner of men may receive orders amonst them Have not the Bishops chosen sent and commended unto us saith the Authour of true and Christian Church-policie such as know not a Bee from a Battle-dore or the Lords prayer from the Articles of faith of which sort of Ministers the Parson of Haskam now living a Chaplaine in Winton Diocesse may be produced for a witnesse omni exceptione maior It is related there that this Parson at the instant request of a Knight was demanded by the Bishop which was the first petition of the Lords prayer after he had a pretie space pawsed and gased towards heaven at length made this answere I beleeve in God the Father Almightie c. This profound Clerk howbeit hee could not obtaine the institution at that time yet afterward sayth this Authour by corruption of the same Bishops Chancellour he was instituted in the same benefice and to this day possesseth it quietly though he can hardly read English to the understanding of his people I could informe him also of many other such Clerkes â—â—siant and beneficed in that Diocesse c. That which the Bishop could not doe at the first by reason of the Knights opposition he did afterward at his Chancellours desire Lest any man should thinke that there hath been but a few of these examples let us heare what Mr. Cartwright sayth I am well assured that all theâ— Ecclesiastical stories extant are not able to furnish 〈◊〉 of so many unworthy ministers chosen by al the churches throughout the world which have been since the Apostles times as have swarmed these few yeares out of the palaces as out of the Trojan horse of that small number of Bishops which are in England Of the other side if a man will cast his eyes to France both in persecution and peace and from thence looke into the Churches of some parts of Savoy and yet stretch them out further to some certaine common-wealths in Germanie and come home to our neighbours the Scots and compare generally the ministers chosen of the Churches with the most part of these which the Bishops make if he love not himself too much and be not a stubborne defender of that hee hath undertaken he shall be compelled to confesse as much difference betwixt the one and the other as between gold and copper or any other refuse mettall The people which are fed are to the people which are unfed with preaching like an handfull to an house-full or an inch to an ell sayth the author of the Assertion for true Ch. policie These are the fruits of the Patrones presentation and the Bishops sole election institution or collation The person duely chosen and lawfully ordained should have testimoniall under the hands of the Presâ—yterie and chiefe of the people to certifie that he is duely and lawfully chosen and ordained that is that he hath the just title to the temporalities and in place of the Archdeacon the kings officiaris appointed to that effect being certified by this testimonial may by another writ confirme and really induct into the possession of manse and glebe other possessions So the Archdeacons pretie signet should give place to the kings great seal sayth the authour of the Assertion For as the order doth stand there falleth out many contentions and suits in law sometime betweene the Patron and the Bishop sometime between two Clerkes presented by two Patrons sometime between the Clerke presented and the Bishop the Clerke calling the Bishop by a double quarrell before the Archbishop or the judges of the court of audience for not granting institution sometime between the Clerke instituted and the Archdeacon not executing the Bishops inductorie mandate because the Church is not vacant and betwixt him who pretendeth the title and the reall incumbent whereupon doe fall out many foule riots breaches of the kings peace and unlawfull assemblies upon entries and keeping of possessions What a great hinderance the patrones power to present is to the planting of churches with a learned and faithfull ministerie not onely the Church of God in former ages but also our owne since the reformation in a part can beare witnesse This is the difference betwixt us and them in this poynt that they defend this right of the Patrone which taketh away libertie of Election wee craved a reformation of it and were more carefull to try and sift the person presented yet this is the inconvenience that seldome it fell out that the worthiest were nominated where patrons had a right to present You see then what wayes a man commeth to the ministerie and a benefice First hee must receive orders and pay well for them For it can not be denied but the Bishops Secretarie Gentleman Vsher groome of his chamber Butler Pantler Porter and other the Bishops menials besides his own and his Registers fees and his Clerke for expedition doe usually all or most of them challenge and receive fees some more some lesse before the poore minister with his boxe of orders can be suffered to passe by the porters lodge When all this is done what crooked meanâ—s he must use before he come to the possession of a benefice ye have heard also and how the Congregation is all this time neglected This cannot be denyed that there is not any one man or woman amongst 40. in any one parish among 40. that can tell that ever he or she did see or heare of the Minister appointed and sent by the ordinarie to be Parson or Vicar of the Parish Church vacant before such time as he did heare or see the Parish Clearke to trudge with the Church-dore keyes to let in the Sâ—xtin to ring the bells for the said Parson or Vicars induction and reall possession The publicke furction of the minister is either in preaching or in the rest of his administration In Preaching either with licence granted him for that part after the Bishops approbation and that either to his own flock or without to Clergie or people or without licence â—bâ—eined to that effect as if being master of Arts or in any superiour degree he preach to his owne flocke without licence We see then that the giving of orders is not a giving of power to preach for then every one who receiveth orders may preach without any further licence as well as a Master of Arts who is nâ—w come from Cambridge from his Rhetoricks and Physicks This licence granted to some and not to all yea not to the most part declareth that they doe not esteeme preaching any essentiall part of the Priests function more then the Papists doe and the practise among the one and the other is just the same For none of their Priests do preach but such as are licentiate The author of the Petition to the Queene sayth Where the Bishops ordeine one minister that can teach