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A77860 Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 3. rites and ceremonies, 4. church-government, and discipline, reputed to be (but indeed, not) established by law. Humbly offered to the serious consideration of this present Parliament. By divers ministers of sundry counties in England. Burges, Cornelius, 1589?-1665. 1660 (1660) Wing B5678; Thomason E764_4; ESTC R205206 61,780 69

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de se quem industrium noverint Archidiaconum vocent Constat ergo APOSTOLICA INSTITUTIONE omnes Presbyteros esse Episcopos licet nunc illi majores hoc nomen obtineant Episcopus enim Superintendens dicitur omnis Presbyter debet intendere curam super oves sibi commissas For brevity sake we forbear to English this long allegation The sum of it is that in the Primitive Church Bishops and Presbyters were one in respect of Order however a Bishop chosen by the Presbytery were over them in respect of place and degree 4. Bishops being Consecrated have power by the Stat. of 5.6 Edw. 6. and 8. Eliz. 1. to Ordain both Deacons and Presbyters which the Book incongruously calleth Priests But whereas the Episcopal Party claimeth sole Ordination as if no Minister can be rightly Ordained who is not ordained by a Bishop and under this pretence many of the present Prelatical Party stick not to degrade and unordain such Ministers as are Ordained by Presbyters alone even where no Bishops are allowed to execute that Office and Schismatically to advise and perswade all to withdraw from all Assemblies and Ordinances as being no Ordinances of Christ where such Ministers as are ordained onely by the Presbytery without a Bishop do administer We must give this Answer 1. That there is no Scripture that appropriateth this to Bishops alone 2. There are several warrants in the New Testament to justifie the laying on of hands without a Bishop in their sense When Barnabas and Saul after called Paul were to be sent out to preach the Holy Ghost commanded to separate them for that Work whereupon Simeon sur-named Niger Lucius of Cyrene and Manaen not one of them a Bishop in our Prelatical Advocates sense laid hands on them and sent them forth Acts 13. Thus Timothee was ordained by the laying on of hands of the Presbytery 1 Tim. 4.14 This made him a preaching Presbyter and Bishop although the laying on of Pauls hands made him an Evangelist 2 Tim. 1.6 3. The Book of Ordination it self though it appoint the Bishop to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the president and chief Actor yet it allows him not to act as in Confirmation of Children alone in the Ordaining of Presbyters or Priests But the Bishop with the Priests present shall lay their hands severally upon the head of every one that receiveth Orders So the Rubrick therefore no Bishop hath sole power of Ordination nor may he Ordain alone 4. That very Statute of 8. Eliz. 1. which ratifieth the Book of Ordination doth not tye all to that one Form as appears by the Stat. of 13. Eliz. 12. which saith thus Be it Enacted by the Authority of this present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy Word and Sacraments by reason of any other form of Institution Consecration or Ordering then the form set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the Reign of our most gracious Soveraign Lady before the Feast of the Nativity next coming shall in the presence of the Bishop Subscribe to all the Articles of Religion c. Therefore the Law intended not to tye all to the form of Ordination by Bishops but tyeth Bishops to give them Institution if they subscribe the Articles and be otherwise qualified as that Act prescribeth 5. This is to un-Church all the Protestant Churches in Christendom where there are no Bishops and to deny them Communion with the Church of England which hitherto hath owned them and held Communion with them as true Churches of Christ Now in sew words we must a little take notice of the necessity of Reforming that Book it self 1. In the Preface For where that saith It is evident unto all men diligently reading the holy Scripture and ancient Authors that from the Apostles time there hath been these Orders of Ministers in Christs Church Bishops Priests and Deacons it hath been shewed before that however we read of Bishops Presbyters or Elders and Deacons these are not three distinct Orders of the Ministry for that Bishops and Presbyters are of the same Order Nor are Presbyters Priests there being no such name in the New Testament nor any such Office in the Ministry of the Gospel Now seeing this Preface is so much made use of and wrested to prove an untruth touching the distinction of Orders and gives such a name to Ministers as argues them to be Sacerdotes Sacrificuli sacrificing Priests which is not so but repugnant to their Office it ought to be reformed 2. In the Ordering of Deacons the Bishop alone is to lay on hands whereas it is not so to be done in the Ordering of Priests as they are nick-named or Consecration of Bishops And this also is contrary to the practice of the Apostles themselves expressed in that very Scripture Act. 6. appointed to be one of the Epistles to be read at that time where after choosing the seven Deacons it is said These they set before the Apostles and when they bad prayed THEY not one of them laid their hands on them Now seeing this was so and that at every Ordination of Deacons other Ministers beside the Bishop are present and seeing further it is said in the third Prayer then used after the Letany that God did inspire his Apostles to chuse to this Order St. Stephen with other which directly crosseth the Text which saith The whole multitude chose them and that by order from the Apostles Why should such a practice be continued by a single Bishop so contrary to that of the Apostles themselves and every other Ordination in our own Church 3. In the Ordering of Priests We say as before that Title or name of Priest ought to be changed for the Reasons abovesaid But that which most offendeth is that in the very act of Ordaining the Bishop takes upon him to give that which none but God himself hath power to bestow where it saith Receive the Holy Ghost c. which be the words of Christ himself to his Apostles without any warrant from him to be used by Bishops or any others For however Ordination be necessary yet there can be no reason that a Bishop or other persons should in this assume more in officiating then in all other Ministrations where the words of Institution in Baptisin in the administring the Lords Supper c. are first rehearsed and then at the act of ministring a Prayer is used not a Magisterial use of the very words of Christ himself in the first institution as is obvious to all This therefore savors of presumption not to be admitted in so holy an action especially where a Bishop shall as by report some now do take upon him to breathe upon the person he ordaineth as Christ did upon his Apostles Moreover it being now claimed as peculiar to Episcopacy as a distinct
Order to have the sole power of Ordination which hath been proved not to be so It is requisite that herein also some Declaration be made to the contrary that we may not give offence to the Protestant Churches with whom we hold Communion nor admit of such an untruth among our selves to which all must subscribe 4. As for Consecrating of Archbishops and Bishops in which the same Scripture 1 Tim. 3. is read again that was used in Ordaining of Priests which sheweth that the Compilers of that Book never dreamt of a distinction of Orders between Bishops and Presbyters we onely say thus much That there being no warrant in Scripture for Archbishops but onely from the practice of after-times whereby they were by men onely called to that height we see no necessity of their Consecration no more doth our Church for that it makes the same Consecration which is for Bishops to serve for Archbishops Upon this account we see no reason why a solemn Oath of Canonical Obedience to the Archbishop should then be administred to every person that is to be Bishop The Exception against that Expression of the Archbishop in the act of Consecration of a Bishop Take the Holy Ghost being spoken to before here we onely make the same profession against it which there we did and so leave it and proceed to the next Head of Ecclesiastical Government which is Jurisdiction II. Of Ecclesiastical Jurisdiction IT hath been of late the claim of our Bishops to have in them the sole power of Jurisdiction in Causes Ecclesiastical which is now pleaded for so boldly and openly by their Advocates and such as asspire to the same Office and Dignity that it is now made though very groundlesly an Essential part of Episcopacy by Divine Right witness among other the Author of an Answer to a Letter sent to Doctor Turner to Oxford who alledgeth several Scriptures viz. 1 Tim. 5.19 Tit. 1.5 to prove that Ecclesiastical Jurisdiction is in Bishops onely To the same effect the Author of another Book intituled Church-Lands not to be sold So others But seeing Bishops can exercise no Jurisdiction in England but what is allowed by the Laws of the Land as we shall after make it manifest to every eye we shall not much trouble our selves at this time with their claim by Divine Right Howbeit lest they should think there is nothing to be said against it we desire it may be considered which is known to all that have seriously consulted Antiquity that in the Primitive Ages of the Church there was no Ecclesiastical Jurisdiction exercised but by the Bishops and their Consistory of Presbyters together Even in Rome it self there was even in Cyprians time a number of the Clergy who acted with the Bishop as well as elsewhere Thence grew by Corruption their Conclave of Cardinals And from the same Original here in England first Monks afterwards Deans and Chapters were joyned with the Bishops to assist both in Ordination and Jurisdiction although of late times they joyned with them in neither Such was the Pride of the one and the Idleness of the other Which last his late Majesty was content to part withal They being of no use but onely to confirm Grants of the Bishop as he confirmed theirs keeping sundry Benefices of Cure in their hands and seldome or never residing on them under pretence of residence near the Bishop whereas the Canons of 1603. require them to reside on their Benefices with Cure all but the space of one moneth in the year * Can. 44. unless he be a Dean Master Warden or chief Governour of a Cathedral or Church who by Can. 42. is to reside there ninety days Conjunctim or Divisim This is spoken not to justifie the Continuation of Deans and Chapters or to move for reducing them to the ancient course of corrupt times in making them alone to be the Adjutors of Bishops for Jurisdiction is as proper to all the Presbytery as to those Cathedral Presbyters But we urge it meerly and onely to demonstrate the falshood of that upstart Assertion that Bishops have sole power of Jurisdiction And that we may contract our selves within necessary brevity considering to whom we make our Address we shall give but one instance more and that shall be out of the Book of Ordination in the Ordering of Priests Where among other Questions propounded by the Bishop to him that is to be ordained Priest this is one Will you reverently obey your Ordinary and other chief Ministers unto whom the Government and Charge is committed over you following with a glad mind and will their godly Admonition and submitting your self to their godly Judgements To this each of them that are to be ordained answereth I will so do the Lord being my helper By this it is evident that more beside Bishops have power of Jurisdiction If it be said this may be meant of ARchdeacons Deans c. that have it under the Bishop what is this to the intituling of all Ministers thereunto It is answered out of the Rubrick before the Communion whereby every Curate is authorized to keep off from that Sacrament every open and notorious Liver by whom the Congregation is offended until he have openly declared himself to have truely repented and amended his former wicked life that the Congregation may thereby be satisfied Yea where he finds hatred and variance he is to suspend from the Sacrament the party refusing to be reconciled to the other and be content to forgive from the bottom of his heart all that the other hath transgressed against him and to make amends for that he himself hath offended What is this but as much and as high Jurisdiction as any Bishop can use in that particular If this suffice not take one passage more In the same Book of Ordination in the Ordering of Priests The Bishop asketh every person whom he ordaineth a Priest this Question Will you give your faithful diligence always so to minister the Doctrine and Sacraments and the DISCIPLINE of Christ as the Lord hath commanded and as this Realm hath received the same c. To which each Priest is to answer I will so do by the help of the Lord. What can be a more clear evidence of the intention of our Church in the first Reformation then to admit all Presbyters to have a share in Ecclesiastical Jurisdiction and in the Administration of it How long Bishops and others under them have had Ecclesiastical Consistories to exercise Ecclesiastical Jurisdiction to us is not certain Yet it appeareth by Sir Edw. Cook ● Instit ca. 53. p. 2259. that William the Conqueror was the first that by his Charter to the Dean and Chapter of Lincoln did prohibit Sheriffs in their Tourne Courts wherein before-time all Ecclesiastical matters were heard and determined to intermedle any more with Ecclesiastical Causes but leave them to the Bishops Thence some conclude that Bishops have held Courts ever since William 1. Others finding no
four other learned and grave Persons Masters of Art at the least and allowed for publique Preachers What Law for confining Ordination to four times a year If there be a Law do Bishops now observe it Is it not usual to ordain in other mens Diocesses which they can no more legally do then a Sheriff execute his Office when he is out of his County How often do Deans and Prebendaries assist at Ordinations And why must all other Assistants be Masters of Arts at least What Law or Rule for any of these things unless for being Assistants to and Co-ordainers with the Bishop which this Canon doth tacitely deny when it saith such and such shall be present but not a word of their Laying on of Hands according to the Book of Ordination And whereas by the 36th Canon Subscription is enjoyned to the Books of Common-prayer and of Ordination not only upon all Ordinations and Institutions to Benefices c. which by Can. 37. is required also of all Lecturers Catechists Readers yea by Can. 77. of all School-masters too unless to the last clause of Art 2. touching using the book of Common-prayer whereas the Statute of 13. Eliz. 12. requires no subscription but to the 39. Articles nor that save only of such as are to be instituted to a Benefice not at Ordination or at taking Licenses to Preach only The 38th Canon touching Revolters after Subscription hath been spoken to before The 40th Canon enjoyning an Oath against Simony is necessary yet against Law and particularly against the Petition of Right This therefore we say no more of but humbly pray such an Oath may be imposed by Law But whereas the 49th Canon prohibiteth Ministers not to expound Scripture c. if not Licensed by the Bishop this is expresly contrary to Law 8. Eliz. 1. which confirmeth the Book of Ordination in and by which every one ordained a Presbyter hath the Bible delivered into his hand by the Bishop with these Words Take thou Authority to preach the Word of God c. Yet must every such ordained Minister be compelled to be at the charge of taking out a further License from the same Bishop at the same time to preach in the same place or else not to perform that duty which he promised solemnly to the Bishop and by him was authorized to perform at his Ordination Nor may any Ministers be suffered by the 51. Canon to preach in any other Church without shewing such License although otherwise well known to be sufficiently authorized thereunto And whereas the 62. Canon alloweth Ministers to celebrate Matrimony between other persons without asking the Bannes in Churches if he have a License for doing of it from the Bishop Archdeacon or their Officicals this is expresly contradictory to the Book of Common-prayer Rubrick 1. before the form of Matrimony and so contrary to Law of 1. Eliz. 2. if that Book be confirmed thereby There be sundry other Exceptions justly to be taken to the Book of Canons as namely to such Ecclesiastical Offices besides Bishops and Presbyters as be admitted to bear a share in Ecclesiastical Jurisdiction albeit they be Lay-men while yet they abominate Lay-Elders in the Presbyterian Government beside many other all which we at present forbear not as approving of them but as hoping for a Reformation of that as well as of other things We therefore shall now only with all humility propound a few Queries very necessary as we conceive to be seriously considered 1 Quere Whether if there be any thing of substance altered in or added to the Articles of Religion or Books of Common-Prayer or Ordination and those Alterations or Additions not expresly mentioned and confirmed by Parliament this doth not make those Books to be void in Law if pleaded at Law The Grounds of this Quere are the Acts of 13. Eliz. 12. as touching the Articles that of 1. Eliz. 2. as to the Book of Common-prayer and the Statute of Eliz. 8.1 and of 5.6 Edw. 6.1 as to Ordination Which last named Act saith that the Books therein mentioned were annexed to the said Statute yet are they not to be found inrolled therewith no more is the other Book of Articles in 13. Eliz. inrolled with that Act. 2 Quere Whether the Statutes which are said to confirm any of the things named in the former Quere mentioning only the Titles but not reciting the matter of the Books themselves do make those Books or the things contained in them which have been several times altered although never so much as said to be inrolled nor found so to be do make those things to be established and good in Law because now commonly reputed received and generally used as ratified by Law The Ground of this Quere is that clause in 1. Eliz. 2. which after mentioning some Alterations but not particularly naming them in the Common-prayer-book prohibiteth all other Alterations saying And none other or otherwise 3 Quere If any man be indited or sued at Law upon the Statute of 1. Eliz. 2. for not reading of or coming to hear the Book of Common-prayer or upon the Stat. of 13. Eliz. 12. for not reading the Articles of 1562 and the Defendant plead Not guilty and deny these Books to be those confirmed by those Laws till the Plaintiff prove them to be of Record whether is not the Plaintiff bound to prove that and in the mean time the Defendant not punishable by those Statutes The Grounds of this Quere are first that there are no Records of these to be found secondly the Books have been several times altered since those Acts and thirdly many punished upon the said Acts because those Books have been generally received and used as established by Law 4 Quere Whether notwithstanding the Royal Licence before and Assent after any Canons made in Convocation be valid in Law before they be ratified by Act of Parliament as the Service-book and Articles of Religion were said to be and whether by consequent the Canons of 1603. be now binding The grounds hereof are first that all other Constitutions are or are reputed to be ratified in Parliament Secondly the Statute of 1. Eliz. 2. which gives power to the Queen her Heirs and Successours to grant Licence to Commissioners Bishops and others to exercise Ecclesiastical Jurisdiction when it speaks of withdrawing or altering any Rites and Ceremonies or adding new the power is there given to the Queen alone without mention of Heirs and Successours And when any thing is ordered or authorized by the King although under the Great Seal yet the enforcing thereof before ratification by Parliament is held to be contrary to the Petition of Right We shall now close up all with this humble Advertisement that whereas it is pleaded by some that Liturgies and among them the substance of ours are ancienter then the Popish Mass-Books by many hundreds of years whence they infer the weakness and folly of their Objections who say that all or most or any of the things contained in our Service-Book are taken out of the Mass-Book and so are Popish and upon that account would have them abolished and for that purpose produce some passages out of Ignatius Clem Alexandrinus Justin Martyr Tertullian Cyprian Chrysostome c. wherein sundry things in use among us are found mentioned in them and by some the Liturgy of St. James Peter c. are also urged although by many Learned men censured as supposititious Yet none of these Authors do mention any Publick Form the same for substance with ours although they speak of Publick Prayers made in the Congregation which none ever denyed Publick Prayer is one thing a Publick Form another Nor are we against all Liturgies but onely against that which is liable to such material Exceptions as necessitate us to desire a new Form And albeit some of the Rites and Ceremonies now in use may be mentioned in sundry of the Fathers within the first 600 years after Christ yet the mentioning of them is no evidence of the lawfulness of them or that they are not Popish although of latter times espoused by that Synagogue of Rome for as much as Popery was in the Egge and the mystery of iniquity began to work although under disguises and other names even in the time of St. Paul himself 2 Thes 2.7 Yea some of those very Fathers have sundry passages in them which condemn those very things which are now cryed up upon the very authority of their venerable names We shall for brevity give but one instance which every Reader may find in the Preface touching Ceremonies before the Book of Common-Prayer which albeit it hath been before alledged we here briefly touch upon again for better satisfaction of such as cannot consult the Author himself The particular mentioned in that Preface is a passage out of St. Augustine who was so far from approving such a number of Ceremonies yet not to be compared with the multitude in after-times that he complained that hereby Christians were in worse case then were the Jews and therefore counselled to take off that yoke and burden so soon as it might quietly be done And this was one of the Grounds and Reasons there alledged of the cutting off of so many superstitious Ceremonies in the first Reformation under that blessed King Edward the sixth which of late our Arminians and Grotian Divines and Prelates have sought to recal under the colour and guise of Antiquity for which they produce onely some bits and scraps of Fathers to prove their Antiquity but no solid Arguments to make out their lawfulness and conveniency and yet seek to impose them on those who hold themselves bound to hate the garments spotted with the flesh as well as the flesh that is the corruption it self We therefore conclude That it is not bare Antiquity but Divine Verity that must be the onely Rule and Standard of all Doctrine Worship Rites and Ceremonies Ordination Jurisdiction and Discipline among all that intend Conformity to the Mind of Christ FINIS Page 2. line 7. read 4 Car. p. 7. l. 4. r. them in print p. 34. l. 18. r. that and another p. 43. l. 26. r. Presbyteris l. 30. r. qui.