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
of Shires from Synodes to Nationall Assemblies they must step up a Popish ladder by Archdeacons Officials Bishops Deane of Arches Archbishops saving that at the top of the ladder they finde the Prince for the Pope to whom they must not appeale nor yet to any greater Councels of many reformed or unreformed Churches or to an oecumenicall Councell whatsoever they talke of Generall Councels Now the causes convoyed by these subordinate appellations are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts Of which causes wee are to treat in the third chapter These which belong to Canons or Ecclesiasticall lawes concerne either the making of them or the administration and execution of them or the relaxation of them As for the making of them 1. in that the Prince may make new lawes anent ceremonies and rites with advice either of his Commissioners in causes Ecclesiasticall or of the Metropolitan 2 Synod provinciall or nationall may not be convocated without the Princes writ direct to the Metropolitan 3. Nothing may be treated or determined in the Synode till the Prince first be made privie and give assent 4. Nothing shall have the force of a law till the Royal assent of the Prince be given to those things which the Synod shall think good to decree Beza in his 8. Epistle to Grindal Bishop of London confesseth that he trembleth and shaketh at the first of these heads And in very deed it may turne upside down the whole government of the Church and outward forme of Gods worship overthrow the one and deface the other Did not the Bishops affirme at the examination of Barow that the Queen might establish what Church government it pleased her Highnes Because they dare not affirm that Princes may change any thing that is unchangeable by divine law therefore they make many unchangeable things both in government and externall ceremonies in Gods worship to bee changeable that they make a change at their pleasure and may bring in all that ever was hatched by the Antichrist a Popish Church government significant rites and symbolicall toyes and ceremonies For what may a corrupt Prince and a corrupt Metropolitan or some few corrupt commissioners not challenge for changeable Nay even rites of order and comelines and lawes of things indifferent for a religious use should be considered by the lawfull and ordinary assemblies of the Church how they agree with the generall rules prescribed in the word how they will edifie the Church how God shall be glorified Christian charitie entertained order and comelines preserved For we must not consider things indifferent onely in â—heir generall kinde but in their particular and circumstantiall use which if we permit to Princes they may abuse indiffereÌ„t things to the great hurt of the Church Synods ought not to be convocate without the Princes privitie or the warrant of the law in generall but if the Prince be wilful in denying his assent and the Church be in extreame danger ready to be overwhelmed or greatly disturbed with heresies schismes divisions enormities we may use the benefit of the law and if the law of man be wanting yet the Church should not cease from doing her dutie and exercising that power which is granted her by Christ who hath also promised his presence when but two or three are convened in his name Salus Ecclesiae suprema lex esto The power of Christian Princes in the Church is cumulative to aid her to execute her power freely not privative to deprive and spoile her of any power Christ hath granted to her And by the same reason the Church may entreate determine and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments notwithstanding the Prince will not assent approve ratifie the Canons of the Church nor confirme them by his lawes and fortifie them with temporal punishments Prudence I confesse is required in the Church to weigh the case of necessity when to put this â—er power in practise As for the administration and execution of lawes in that the Prince may 1. visit the Ecclesiasticall state and their persons 2. reforme redresse and correct them and whatsoever sort of heresies schismes errours abuses offences contempts and enormities of any whomsoever 3. to assigne nominate and authorize when and as often as it is his pleasure such persons being naturall borne subjects as he shall think meet 1. to exercise and execute all manner of jurisdictions privileges and preeminences in any wise touching or concerning any spirituall or Ecclesiastical jurisdiction 2 to visit 3 to reforme correct and amend all such excesses or defects whatsoever which by any maner of Ecclesiasticall power authority or jurisdiction might been have been reformed ordered corrected amended or restrained The Princes power in visiting reforming and correcting abuses enormities errours heresies c. may be seen as in a liuely picture in the high commission to be not onely a temporall power but also a spirituall to inflict Ecclesiasticall censures punishments For the Prince could not communicate this power to his Delegate Commissioners except he claimed it to himselfe as Principall For none can transferre that to others which he hath not himselfe It must follow therefore that the Princes power is Ecclesiastical not onely in respect of the object and matter whereupon it worketh as heresies errours abuses c. but also formally in respect of the manner to wit by inflicting Ecclesiasticall censures and punishments unlesse we will affiâ—me that suspension deposition excommunication are not Ecclesiastical but civill punishments and censures which were absurd We shall entreat of the power of the high commission in the next chapter severally by it selfe As for the relaxation of the Canons or lawes in that 1. first for ever when as they are altogether abrogated by the Prince 2. for a time onely as when hee granteth remission of any crime or transgression of the Canons for times by gone and to come when both infamie is abolished and the transgressor is restored to his former state 4. When the grace of the Canon is granted for time to come to any certaine person upon speciall occasion the cause being tried which grace they call dispensation which is for the most part done when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute are confirmed with the great seale of England or when if he without just cause refuseth the Chancellour of England granteth them primarily according to the statute made thereanent If the Prince may abrogate the canons of the Church without consent of the church in vain were the Canons of the Church made Or that the Church may not abrogate any canon when they finde it proveth inconvenient is as great an inconvenience In vaine likewise are canons strengthened and guarded with censures and punishments and the black markes of infamie set upon heynous crimeswith the legall effects thereof if the Prince may abolish the crime as simoniacall paction or any the like
perfidious Prelats haue resumed the same again without any law reviving it But let us proceed and heare what is recorded in the worthy proceedings of the Parliament above mentioned The Act is found to be inconvenient and of dangerous extent in divers respects 4. for that every pettie offence pertaining to spirituall jurisdiction is by the colour of the said words and letters patents grounded therupon made snbject to excommunications and punishment by that strange and exorhitant power and commission whereby the least offenders not committing any thing of any enormous or high nature may be drawn from the most remote places of the kingdome to London or yorke which is very grievous and inconvenient These three Commissioners being armed with double vengeance and power of both swords temporall and spirituall may strike a man at one strike in one sentence for one and the selfe same fault both with temporall and Ecclesiasticall censures and punishments They may depose and imprison a minister at one time for one offence they may fine and excommunicate at one time c. Againe they may punish the same offence in one person with a fine in another with imprisonment in the third with excommunication in the fourth with deprivation For their owne pleasures and discretions and not the lawes ar the rules of their censures and punishments Let us see what is recorded in the grievances Therein to wit in the Commission grounded upon the statute is grievance apprehended thus First for that therby the same men have both spirituall and temporall iâ—risdiction and may both force the partie by oath to accuse himselfe of an offence and also inquire thereof by a jurie and lâ—stly may inflict for the same offence at the same time and by one and the same sentence both spirituall and temporall punishments 2. wheras upon sentences of deprivation or other spirituall censures given by force of ordinarie jurisdiction any appeale lyeth for the party grieved that is heere excluded by expresse words of the commission Also heere is to be a tryall by Iurie yet no remedie by traverse not attaint Neither can a man have any writ of errour though a judgement or sentence be given against him â—â—â—â—unting to the taking away of all his goods and imprisoning him during life yea to the adjudging him in the case of premumire whereby his lanâ—s are forfeited and he out of the protection of the Law 3. That wheras penall lawes and offences against the same cannot be determined in other Courts or by other persons then by those trusted by Parliament with the execution therof yet the execution of many such Statutes divers whereof were made since 1. Eliz. are commended and committed to these Commissioners Ecclesiasticall who are either to inflict the punishments contained in the Statutes being Premunire and other high nature and so to inforce a man upon his owne oath to accuse and expose himselfe to these punishments or else to inflict other temporall punishment at their pleasure And yet besides and after that done the parties shall bee subiect in Courts mentioned in the acts to punishment by the same acts appointed and inflicted which we thinke were unreasonable The three Commissioners may not onely enquire and try but also judge in all causes Ecclesiasticall in causes of heresie simonie idolatry c. It is I grant provided in the statute 1. Elizabeth that they shall not in any wise have authoritie or power to order determine or adiudge any matter or cause to he heresie but onely such as heretofore have been determined ordered or adiuged to be heresie by the authoritie of the Canonicall Scripture or by the first 4. generall Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plaine words of the said Canonicall Scriptures or such as heereafter shall be ordered iudged or determined to be heresie by the high Court of Parliament of this Realme with the assent of the Clergie in their Convocation This provision is no limitation unlesse wee will say that without the limits of the Canonicall Scripture there are some heresies determined which are not determined within the bounds of the Canonicall Scripture Seeing then they may determine in all he resies determined in the Scripture they may determine in all herefies whatsoever and may affirme that to bee determined for heresie in the Scripture which is orthodoxall If the commissioners the Princes delegates may be judges in all causes of herefie farre more is the Prince himselfe by their lawes and that without the provision foresayd wherwith the delegate commissioners are circumscribed These three Commissioners have power to receive appellations from other inferiour courts Ecclesiasticall like as the five with us have power by the Kings letters patents to receive and disusse all appellations made to them from any inferiour Ecclesiasticall Judges and to inhibite the said Ecclesiasticall judges to proceed iu any matter which they shall hold to be improper for them wherin they shall perceiue the said Iudges to have behaved themselves partially advocating the said matters is their own judgment See the commission renewed Anno 1618. So they may draw to themselves any cause whatsoever agitated in inferiour courts not onely at the appellation of any notorious villaine pretending grievance but also by advocation when they shall construe the cause to be unproper or the proceedings of the infeâ—iour Court to be partiall In the narrative of the proclamation it was pretended that this high commission is erected to stay advocation of causes granted by the Lords of Councell and Session That forasmuch as it hath bene compleaened by the Archbishops Bishops and other Ministers of that his Maiesties Kingdome that advocations and suspensions are frequently granted by the Lords of Councell and Session unto such as bee in processe before them and their Ecclesiasticall Courts for offences committed whereby offenders are imboldned continuing in their wickednesse and â—ing the said advocations and suspensions or meanes to delay their tryall and punishment Therfore c. Complaint hath been made sometime by ministers and suit to stay advocations that the ordinarie indicatures Ecclesiasticall might proceed to their censures without stop but not to change advocations Are the Archbishops and Bishops with their associates honester and more conscientions men then the Lord of Councel and Session An ambitious and covetous Clergie-man is of all men the most vile and prophane Did the Bishops complaine why do they then advocate causes from inferiour Courts Ecclesiasticall seeing they have usurped the sway of proceedings in Courts Ecclesiasticall to themselves Doe they accuse themselves of partialitiall proceeding in inferiour courts or handling improper causes and will these same men bee lesse partiall and more conscientious in the high Commission If no censure can take effect without their approbation and appellations should ascend from inferiour courts to superiour courts and Synods wherefore will they rather advocate causes to this extraordinary court of high
Ecclesiasticall or civill persons as for example the Lieutenant of the Tower and the Postmaster as with us the Archbishop may assume any foure of the number to be his assessours as for example Mr. Thomas Henderson comissarie of Edinburgh M. Iohn Weemes commissarie of Saintandros M. Iames Hammilton commissarie of Glasgow and the Chauntour of Glasgow Mr. David Sharpe or any other foure Ecclesiasticall persons or civill enrolled in the letters patents These three as for example the Archbishop Postmaster and Lieutenant of the Tower have power to inquire in all heresies errours schismes contempts and enormities whatsoever which were wont to be reformed by Ecclesiasticall lawes and jurisdiction in all offences and contempts committed against the forme of their service and common prayers and other late statutes made anent Ecclesiasticall matters as also seditious bookes private conventicles adulteries fornications outragious misbehaviours disorders in marriages and other offences particularly expressed in the letters patents and all other grievous offences punishable by the Ecclesiasticall lawes of the Realme So with us the five as for example the five abovenamed have power to take triall of all offenders in life and doctrine or religion or scandalous in any of these intercommoners and recepters of Iesuites Seminarie and Masse Priests hearers of Masse and excommunicate Papists so like recusants or not communicants so like incestuous or adulterous persous obstinate contemners of the discipline of of the Kirke and excommunicate for the same all ministers preachers Doctors or masters of Schooles Colledges and universities all exhorting and lecturing Readers for preaching or speaking in publicke against the present established order of the kirk truth or estate against any of the conclusions of the bypast generall assemblies of the Kirk truth specially of the acts of generall Assembly holden at Perth in the moneth of August 1618 truth and all disobeyers of the sayd acts truth likewise writers of Pamphlets contrary to any of the constitutions of the Kirke or Printers of the sayd bookes and pamphlets truth or of any other bookes without licence These three commissioners may authorize their drunken pursevant to breake open mens studies chambers coffers letternes and search if there be any bookes or writs against their Hierarchie and the orders of their Kirke and to spoile at their pleasure These three commissioners may convent before them any subject of whatsoever degree or calling civill or Ecclesiasticall in whatsoever season of the yeare earing time or harvest from whatsoever part of the kingdome even the remotest for whatsoever offence reputed Ecclesiasticall even the lightest to the great detriment and domage of the subjects So with us may these or any other five in the number the Archbishop or any one of them being alwayes present summon and call before them at the times and places they shall thinke most convenient any person dwelling within the kingdom of Scotland and provinces of Saintandros and Glasgow These three commissioners have power to command the Shireffes Iustices and other officers and subjects to apprehend or cause to be apprehended such persons as they shal think good and take such bonds for their appearance as they shall prescrive or to commit them to prison So may the five with us direct their warrant to the Captaine and Lieutenant of the Kings guard the Provost and Bailies of the Burgh where they shall happen to sit Shiriffes and Bailies of Regalities to search take and apprehend whom they please and to present them before them The three commissioners have power to force any person convented before them whom they suspect to accuse himselfe upon his own oath to answer to their interrogatories when there is no accuser nor article of accusation libelled against him He must sweare to answer to that which he doth not as yet understand not so much as in generall And to grace this oath they call it the oath ex officio If any person refuse to take this oath hee is forthwith committed to prison The manner of taking the oath is by laying their hand or three fingers on the book to sweare by God and the contents of the booke that they shall answer truely to such things as shall bee demanded of them and when the book is kissed the oath is accepted as Barow reporteth in his Discovery And although the penalties of the statutes bee never so great as Premunire abjuration forfeiture of lands and goods and some of the offences are limited to bee tried onely in the Kings Bench yet the partie suspected shall be forced by this commission to accuse himselfe upon his owne oath upon such captious interrogatories as the wit of man can devise when there is neither accuser nor libell of accusation sayth Nicholas Fuller in his arguments and defence of his Clients This oath was set on foot under King Henry the 4. at the instant sute of the Prelates for detecting and suppressing of those whom that blind age called Lollards that is for suppressing of the Gospell which was peeping out of corners The Commons repined against that Statute ex officio and the godly wrote against it as a bloodie Maximinian law They were first ordeined to accuse themselves and then to be burnt See Fox in Henry 4. The same oath doe the Prelates now make a meanes to suppresse a due reformation of their Church Worthy Vdal and many more have ended their daies in the prison for refusall of this unjust and superstitious oath The three Commissioners have power to fine at their discretions to commit to prison for non compearance or for contumacie in refusing to obey their decrees or reputed desert of their offence and all the Iayles Wards and Prisons in the land are at their command to receive the person committed and sent by them to prison So with us the Captaines and Constables of the Kings Wardes and Castles jaylors keepers of prisons in burgh or land are charged to receive and deteyne all persons directed to them in such forme as shall be prescribed in the warrant subscribed by any five of them one of the Archbishops being alwayes of the number Neither may the imprisoned be set at libertie but at their pleasures And with us also the Lords of his Ma privie Councell are required upon the sight of any certificate subscribed by any 5. of the sayd Cōmissioners one of the sayd Archbishops being alwayes one either of fine imposed upō any party or upon the refusing to compeir before the sayd Cōmissioners to direct a summar charge of horning upō ten dayes for payment of the fine that shall be imposed upon them and to direct others letters for denouncing persons that shall refuse to compeir before the sayd Commissioners of the which letters no suspension or relaxation shall be granted without a testimony under one of the Archbishops hands of the parties obedience and satisfaction Howbeit with them they bee thus authorized by the Kings letters patents to fine ward and imprison yet are they not so
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
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
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