to every pastour neither Canon nor civill law should take from them In a part of the Diocie as Archpresbyters whom they call rurall Deanes and now they are imployed for the most part to convocate their Classis 2. to intimate to them something directed by missive from the ordinarie as occasion shall require 3. to Induct into benefices in place of the Archdeacon being busied in some remote part There were two sorts of Acchpresbyters of old The citie Archpresbyter who is now called the cathedrall or citie Deane the Countrie Archpresbyter who is called now the rurall Deane who was at the first institution moderator of the classis or countrey Presbyterie thereafter made a countrey Bishop or Chorepiscopus within his owne circuit as the citie Bishop was at the first but President or moderator of the Presbyterie of the citie and suburbs For we must not think that the country Bishop ruled alone without his classicall Presbyterie more then the citie Bishop did In processe of time the citie Bishop grew to this great statelynes which now we see and the oâ—â— Chorepiscopus decreased and was throwen dovvne by degrees till at last he is come to this poore estate of a rurall Deane He it not ranked in this hierarchie amongst the persons having iudicial administration but among those vvho haue none as ye see to intimate to the Priests with in his Deanrie what is the Bishops pleasure eyther severally or to convocate them togither to that effect or to put any person in possession sometime of his Benefice for the Archdeacon Every Diocie in England as vve heard before out of Mucket is divided in Archdeaconries moe or fevver according to their extent Achdeacour into Deanries The Deanries comprehend ten Parishes sometimes moe seldome fewer But cathedrall and collegiat churches are exemed out of the Archdeaconries and rurall Deanries Over these Deanries are set rurall Deanes quiâ—us praeficiuntur Decâ—nirurales antiquis Archipresbyter is non multum â—issimiles sayeth hee Then againe in every Diocie there are iurisdictions exempt eyther from the Archdeacon and subiect immediately to the Bishop or exempt from both or from the whole Province of the Arch-Bishop and subject immediatly to the King in respect of appellations They want no corrupt order of governement which they had in time of Poperie no not so much as their exemptions To returne then to the rurall Deanes These rurall Deanes upon the Bishops or his deputies warrant cited such within their Deanries as were to compeir before the Bishop or his deputie and this their citation under the seale of their office they were to certifie to the Bishop or his deputie But Lindwood sayth quod per eos potius quam per alios qui hibent sigilla authentica multae multae fiebant fraudes and that they colluded with the partie in sealing the certificates of their citations when as they had not made any due citation and therefore Iohn Peccham Archbishop made a constitution that every yeare they should svveare to give out no certificates without due citation They were sworne every yeare sayeth Lindwood quit quolibet anno mutantur Decani et fiunt noui They were to hold Chapiters in a sett course foure times in the yeare and at other times as often as occasion should require sayth D. Field out of Lindw But Lindwood writeth thus Et horum capituloruâ— quaedâ—m tenentur de tribus hebdomadis in tres quâ— dam semelin quarta anni haec dicuntur Capitulâ— principalia propter majorem confluenâ—iâ—m Cleri quia in his de negotijs arduioribus tracteri consuevit Some did meet every three weekes some every quarter of year Their Chapiters convening every three weeks were our presbyteries which doe meet in some place every weeke in other places in two or three weeks especially in winter These chapiters were called capitula ruralia countrey or rural Chapiters sayth Lindwood because they were assembled in the countrey towns In these Chapiters the Deans did publish the decrees of Provinciall and Episcopall Synods For the Bishop himselfe did not demit himselfe so farre as to be present and therfore sent one to make intimation or to the Deane to doe it Praesertim cum non deceat statum pontificalem in singulis capitulis hujusmodi interesse sayth Lindwood D. Field proveth that of old they had power to visit their circuit twice every yeare and to suspend laymen from the sacraments and clergie men from the execution of their offices This was a remainder of the old power of the Countrey Bishop Now his office is onely to intimate decrees of Synods or the Bishops will in any matter without any iurisdiction reserved either to him or to the ministers of the Deanrie assembled together in chapiter or as wee speake in scripture language presbyterie So that their Deanries are a footstep of that which have beene and a shadow of that whereof we had the substance This alteration of government among us will in the end turne to the same desolation There are some Deanes exempt which are subject immediatly to the Archbishop and these have Archiâ—â—aconall jurisdiction sayth Lindwood Wee have before made mention of some rurall Deanes exercising spirituall jurisdiction but that is not common next it is Episcopall for they doe it by themselves without the Chapiter Those which beside the common have no peculiar function are placed either in soâ—e cathedrall or collegiat Church or in a parish Church In some Cathedrall or Collegiar Church whereof they are members or no members Of those who are members the chiefe is the Deane then in some Churches of ancient foundation other dignities also as the Subdeane the Chauncellour the chiefe Chaunter the Thesaurer Lastly the Canons or Prebendaries of which in the Churches which are more ancient some are Residentiaries some not The greater Residentiaries administrate and governe in all things with the Deane in that Church and they have a seat in the Quire and the power of a voyce in the Chapiter Canons or Prebendaries noâ— Residentiaries have a seat in the Quire but not a voyce in the Chapiter Those who who are not members serve either to the administration of the publick Liturgie or Sacraments as the pettie Canons or Vicars chorall or by assisting those who do celebrate as the Pistler the Gospeller There are also others bearing office in cathedrall Churches but they are ranked among the lay sort by the composer of the tables such as are singing boyes vergerers Ballifs and others set down afterward The authour of the admonition to the parliament doth thus muster the Droanes of these Cathedrall Churches Wee should be too long to tell your Honours of the cathedrall Churches the dennes aforesayd of all loytering lubbers where Mr. Dean M. Vicedeane Mr. Canons or Prebendaries the greater Mâ—pettie Canons or Canons the lesser M. Chauncellour of the Church M. Treasurer otherwise called Iudas the Purse-hearer the chiefe châ—unter singing men special favourers of religion
squealing Quiâ—isters Organ players Gospellers pistlers pensioners vergers c. Wiclâ—ffe sayth there â—e 12 disciples of the Antichrist Popes Cardinals Patriarches Archbishops Bishops Archdeacons Officialls Deans Monkâ—s Canons Friers Pardoners He reckoneth yee see the Deans and Canons among the disciples of the Antichrist And in truth what are they else but idle lubbers lying in the cloysters of their Cathedrall Churches having either no necessary or profitable charge in the cathedral church where they loyter or else have a charge in other places but under colour of their prebends absent theÌ„selves from the churches where they are bound to a cure of soules and that which they spoyle and raven in other places there sayth M. Cartwr they spend and make good cheere with And againe he sayth they should indeed be the rewards of learning if they were converted unto the maintenance and bringing up of Scholers where now for the most part they serve for fat morsels to fill if might bee the greedie appetites of those which otherwise have ynough to live with and for holes and dennes to keep them in which are unworthy to be kept at the châ—ge of the church or else whose presence is necessarie and dutifull in other places and for the most part unprofitable there The Deane and Canons or Prebendaries are not sustained with the Ecclesiastical rents and possessions of the citie where they loiter but for the most part of the rents and possessions of their charges in the countrey to their ruine and desolation the great steeples devouring the little steeples the great Quires overthrowing the finall pulpits It was done no doubt in a foolish and pretensed imitation of the temple of Ierusalem to appoint such idle serving and singing men to uphold in the cathedrall Church daily chaunting and singing as was the custome in the temple of Ierusalem But all the people in the land had communion of worship in the sayd temple and repaired to it thrice in the yeare to that effect and purpose beside that the daily worship was for the use of all those who were upon severall occasions to repaire unto the sayd temple and therefore the whole people of God is called the church of the Iewes because they had communion of worship in one place But there is no such place in the Christian churches appointed either for countries counties or shires Every church even the meanest hath as great interest priviledge to all the points of Gods worship as the greatest cities lett be the Cathedrall seats which are not ever the greatest Then againe their curions singing and chanting serveth not for edification of the soule but rather to hinder true devotion and carie away the mind from heavenly meditation with a carnall and sensuall delite He that singeth should be liker pronuncianti quam canenti to one who pronounceth the word then to one that singeth Psalmes as sung by course side after side some few singing the rest of the people resrayned from singing One half sung with the hart the other half with hart and voice Then again their musicall instruments were unknowen to the church of God for 800 yeres Yea it appeareth that they were not brought in in the dayes of Aquinas For he sayth sed instruments musica sicut cytharas et Psâ—teria non assumit ecclesia in divâ—nas laudes ne videatur iudaizare The Church then it seemeth used no musicall instruments in his time lest it should seeme to Iudaize Yea amongst the Iewes themselves these musicall instruments were not used in their synagognes but only in the temple which was the theater of all the ceremonies of the leviticall law Againe that one should read the gospel another the epistle what an idle distinction of idle officemen in the church is this for by this reason they may make a third sort also for reading of the law The Treasurer Chancelour Vicedeanes offices are not all alike in every cathedrall church sayth Mucket but divers according to the different statutes of divers places It is hard therefore distinctly to define particularly their offices The Deane of the cathedrall Church succeedeth in the roome of him who was called Archipresbyter urbanus the citie Presbyter as the rurall Deanes doe the Countrey presbyter But the cathedaall chapter doth not consist of the presbyters of the citie as the rurall chapiter did consist of the presbyters within the rurall Archpresbyter his praecinct yea they were bound to sit in chapiter with the Deane sayth Dr. Field But all the Presbyters of the cathedrall citie doe not at any time sit in chapiter with the cathedral Dean as I gave a lively example before of the citie of London where the Ministers of the severall parishes doe not sit in chapter with the Deane of Pauls but onely Canons and Prebendars who for the most part ought to serve at parishes perhaps 20. or 30. miles from the citie The cathedrall seat of Canterburie hath 12. or 13. parishes but not 4 able preachers sayth the author of the Assertion for true and Christian Church policie I have been in some of their cathedrall cities where they have no parish minister to preach but onely the watering of some prebendarie who commeth to attend on service in the temple and neglecteth his owne charge with cure of soules Againe suppose this chapiter did consist of parish ministers within the citie yet that some should bee made cardinall to sit in chapiter either with Bishop or Deane and others secluded having as great interest in the common government of their stocks as it is not grounded on the word so it was not known to puret antiquitie as wee have already made evident And it is acknowledged also by Bellarmine howbeit hee doeth conjecture upon a false ground what was the cause of it Nam à tempore Apostolorum per multos annos imo etiam per aliquot soecula quia pauci erant Presbyteri Diaconi omnes simul ad electionem Episcopi ad concilia vocabantur neque opus erat tunc distinguere à Cardinalibus non Cardinales sicut etiam in alijs Ecclesiâ—s non distingâ—ebantur Canonici à non Canonicis And yet there were many Presbyters at Rome in Cornelius time as they themselves confesse yet even then this distinction was not made as Bellarmine in that same place doth acknowledge Farther this same chapiter hath not any medling with jurisdiction in common with the Bishop The Deane and Prebendaries in many places have power severally to excommunicate in their parishes which belong to them in peculiar but they convene not chapiterlâ—e to exercise spirituall jurisdiction and inflict spirituall punishments and censures upon every delinquent within the Diocie yea or cathedral seat onely either with the Bishop or without him Alienation of church lands or setting of takes and such like which concern the possessions of the Church may not passe without them but for spiritual jurisdiction they are content that the vicar
signification that they weare them The white colour of the Surplice signifieth angelicall puritie for the Angels appeared in white So are they painted with wings to signifie their readinesse to do their office But significant garments belong to the priests of the Leviticall tibe and not to the ministers of the new testament It is beside a lying signe of that purenesse which is not nor cannot be in sinfull men In the angels it might have represented as well their glory as their purenesse from sin The Surplice was esteemed so holy in time of poparie that no priest might say service nor doe so much as make holy water without it And among themselves the Surplice is well known to be esteemed by many people in all the parts of the land so holy â— thing as that they will not receive the sacrament from any but such as weare it as is sayd in the abridgement of the ministers of Lincolne By what reason the Surplice and cope are retained by the same reason the rest of the Masse-priests and Bishops vestiments may be reduced The ministers of the Gospell should not bee made conforme in fashions let be in mysteries and significations to Popish Priests not weare their badges either in or out of the ministration of divine service It is to be observed that in time of preaching he is not urged to weare a Surplice as 〈…〉 of service belike because preaching is no â—ecessarie part of his function as is the saying and singing of service or else why should he not use these apish and significant garments at the one as well as at the other In their 17. Canon students in colledges are ordained to weare Sarplices in charches St chappels upon all Son layes holidayes and their Eâ—â—es The originall of this is observed in the abridgement fore saâ— to be this It is enioyned to all that are admitted to the very lowest degree of their clergie which they call primam tonsuram And this was it which brought that custome into the universities that every student should at certaine times weare the Surplice in divine service because they did in their matriculation receive this primam tonsuram and first entrie into the clergie I may may not insist upon this poynt nor the rest that follow being forced to end within this sheet In the Deacon is likewise to be considered his externall calling and function His externall calling is either to the order and degree and that in every respect as in the minister except in some things or to the benefice altogether as in the minister His function is 1. to have an over-sight of the poore 2. to assist the minister in celebration of the supper 3 to blesse them who are to be maried 4. to burie the dead 5. to baptise and preach if he be called thereunto In the book of ordering Priests and Deacons the Deacons office is sayd to consist chiefly in assisting the Priest in divine service specially in celebration of the Supper and distribution of the sacrament in reading Scripture and Homilies in instructing children in the articles of the faith in baptising of infants in the preaching of the word if the Bishop thinke him fit and in inquiring into the state of the poore and the sick and intimating the same to the minister After imposition of hands the Bishop delivereth him in his hand the new testament saying Take thou authoritie to read the Gospell in the Church of God and to preach the same if thou bee thereto ordinarily commanded Hee needeth not a new calling to the ministerie and therby be inabled but remaining still a Deacon he may by the Bishops warrrant and licence be authorised to preach The Apostles instituted Deacons to an other end then to preach and severed them from preaching because one person could not conveniently be a minister of the word and a minister of Tables yet they will confound them For so they found them confounded in time of popery and it pleaseth them to retaine them so and not to distinguish the functions as the Apostles did Why are they permitted to baptize more then to celebrate the supper Is the one sacrament of greater excellencie then the other May the one bee ministred by any Church officer who may not minister the other When the Apostle 1. Tim. 3. descriveth the office of a Deacon requireth he either abilitie to teach or power to baptize What in effect may their Deacon not do that the priest doth except the ministration of the communion What can be the reason of this exception but that in this ministration there was somewhat esteemed in time of poperie proper to a priest to wit the offering of a sacrifice The Deacon then is not halfe a minister but almost a whole and he may preach with licence or at command of his ordinarie as well as the Priest What need I to insist upon such grosse absurdities CHAP. 8. Of the administration of Lay-men THE laymen having some administration have it either in a cathedral or collegiat church or else in a parish church c. In the cathedral church laymen having administration are the receivers of the rents Bailiffs takers up of accounts overseers and measurers of land stewards of courts and liberties overseers of the fabrick of the temple of the saâ—ctuarie of the bibliotheke where the book of Homilies and service-book lye vergerers bellmen singing men and boyes Many idle and chargeable officers are fed in these dennes to uphold the pompe of a cathedrall church and that to the great detriment of other churches In the Parish church they have not a Senat of Elders to joyne with the Pastor for governing the same but two or three Churchwardens to see the Kirke be watertight and furnished with all the ornaments and utensils to provide for the booke of common prayer and Homilies and the elements for the communion upon the expenses of the parish to keep a Register of the christnings weddings burialls together with the Priest to intimate any contribution which is to be made for some publick work and lastly to be the Bishop and Archdeacons spie to delate or present offenders howbeit for the most part they bee perjured and offences are winked at and suffered to passe without correction No wonder seeing the discipline is taken out of â—he hands of the right officers and put in the hands of Officials Commissaries and Chancellors to whom these perjured Church-wardens are made officers and servants The possessions are either publicke or private c. Heere are reckoned for the possessions belonging to the Church bookes vestiments the ornamentsand implements of the Kirk the Kirk it selfe houses mannours woods forrests parkes ponds fountaines rivers medowes pasturage ground arable ground Baron courts Hundreds and Lathis Tithes oblations obuentions pensions for indemnitâ—e procurations Synodals fees immunities liberties priviledges c. It were â—edious to insist upon the use of every one of them in particular They are either superfluous and excessive or
statute as to receive the Annates or first yeares fruits of every Ecclesiasticall benesice after the vacancie of it and the tenth of all Ecclesiasticall benefices yearly These first fruits and tenths were the Popes due in time of Poperie when the Pope was cast forth they were given to the King and it was enacted That the Kings Maiesty his heirs â—nd successors for the augmentation and maintenance of the royall estate of his Imperiall Crowne dignity of supreme head of the Church of England should yearly have take enioy and receive united knit unto his imperiall crown for ever a yearly rent or pension amounting to the value of the tenth part of all the revenewes rents farmes tythes offerings emoluments and of all other profits as well called spirituall as temporall then appertaining or belonging or that afterward from thenceforth should belong to any Archbishopricke Bishopricke Abbacie Monasterie Priorie Archdeaconrie Deanrie Hospitall Colledge house Collegiate Prebend Cathedral church Collegiate Church couentuall church Parsonage Vicarage Chanterie free chappell or other benefice or promotion spirituall c. It was further enacted That the sayd first fruits and tenths and all the reuenewes and profits thereof should be in the order survey and governance of the Court of first fruits and tenths and ministers of the same This Court was erected in the Parliament begun anno 31. Henr. 8. Marke these words for the augmentation and maintenance of the royall estate of his Imperial crowne and dignity of supreame head of the Church of England for in that respect are the tenths exacted Restored by statute as of right due to the Crowne are either such as have ever been used by the Prince within his dominions or haue not been in use c. Ever in use as the supreme right of patronage called Patronage Paramont so that by lapse of time collation of benefices are transferred to the Prince and no further 2. To reap the tents of vacant benefices to his owne proper use 3. to give licence to choose a Bishop 4. to nominate a fit man to the Chapter whom they shall choose to the Bishopricke 5. to give consent to the person elected 6. to receive the oath of homage from the Bishop 7. to present any Ecclesiasticall persons whatsoever before the civil judges for offences committed against the peace of the kingdome and the Kingsroyall dignity Presentations and collations of benefices whether ordinary and original or extraordinary and transferred by devolution to superiours for the neglect of inferiours postponing times prescribed by law are the inventions of Sathan broched and dressed in his kitchin sayth Beza For when the Patrone presenteth to a benefice and the Bishop giveth collation the libertie of the Church to choose and seeke the worthiest and fittest man one of a thousand as Iob speaketh is taken away and unworthy men thrust upon the Churches When there is any defect through neglect of time this liberty is not restored to the Church but her bondage still increaseth till at last the power of bestowing a benefice by gradation come to the Prince Now to conferre a benefice is to set a Pastor over a flocke for howsoever the person presented have received Ordours before yet he hath not a particular charge but is a minister or as they call him a Priest at Random till he obtaine some benefice The Prince taketh up the rents of vacant Bishoprickes as Superiours of vassals who hold their lands of their Liege Lord. The Bishops See being vacant the Diocesan Church as they call it hath not liberty to choose a Bishop either in a full convention or by their commissioners nor yet the ministers of the Diocie but onely the Dean and Chapter as was the manner in time of Popery Neither may the Deane and Chapter proceed to the election till first a licence bee sent from the Prince and with the licence is sent a letter nominating the person whom they shall choose and then they proceed to the acceptation rather then free election of the person nominated Notwithstanding of this imaginary and feigned processe of election the kings assent and ratification is required Yea without all this imaginary proceeding of Deane and Chapter the Prince may by vertue of the statute above mentioned proceed to the ful election by himselfe and will do it when he thinketh good The clergy nobility gentry communalty of the Diocie are not regarded all this time They must accept whom Deane Chapter at the Princes pleasure shall recommend to them Hence it is that the Church receiveth Pastors Bishops from the Princes palace and he that can give or promise the greatest gift to the greatest Courtier shall win the prise So the prophane courtier setteth these great commanders Pastors over many Churches From Popes and Princes courts as out of the belly of the Trojan horse have been sent forth asses swine Beares Bulls upon the Lords vineyard At the last Parliament 1617. election by Deane and Chapter was established without the consent yea against the acts of our Kirk And the first man that entred this way I mean the Parliament way that is by Deane Chapter was the land of Corce who made it nice to take on a Bishopricke till he had a lawfull calling and the free approbation of the Kirk My Lord elect must make homage to the Prince and sweare not onely fidelity which every subject owe to their Prince but also as a vassall to doe homage to him as his superiour and performe that knight service which he is obliged to for his temporall lands Whereas before they held their lands in pure almes they were either compelled by Princes to hold in knights service or made filthie pactions with them to the end they might get in many temporall lands and for that cause rendred themselves as vassals selling both their owne liberties and the liberty of Ecclesiastical elections Not in use till after the Papall usurped authoritie was utterly driven forth of the bounds of the English Empire These concerne 1 appellations 2 Canons and lawes 3 Benefices As for appellations interposed at the instance of any party 1 The last appellation is made to the Prince and not forth of the kingdome 2 hee delegateth judges by the Chancellour of England under the great seale who shall determine in the cause Appellations ascend by degrees from one to one not from one to many No mediate appellation is heire from one to a Provinciall Synode or Nationall but from the Archdeacon or his officiall to the Bishop from the Bishop or his Commissary to the Archbishop from the Archbishops Archdeacon to the Court of Arches or the Court of Audience from these Courts to the Archbishop himselfe from the Archbishop to the Court of Chancery or to the Prince who by the Chancellors seale appointeth judges 24. Henr. 8. 25. Henr. 8. 1 Elizab So in place of gradation from parish Sessions and Consistories to classicall meetings of the Presbyteries from Presbyteries to Synodes
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
deputie The Archbishop may with the Princes consent without a Synod depose a bishop sayth Whitgift If bishops bee such vassals to Archbishops what slaves thinke yee poore ministers be As Primates or lesser Patriarches 1. of right as to admit appellations from inferiour judgements immediately 2. of the prescription of time to haue the custody of Ecclesiasticall jurisdiction during the vacancie of any Episcopall See within his owne province York is stiled Primate of England and Canterburie Primate of all England There is a fine composition of an old plea. what they may not doe as Metropolitanes they may doe as Archbishops and what they may not doe as Archbishops yet they may doe as little Patriarches As little Patriarches they may receaue appellations immediatlie So where one may not make a leap from the Archdeacon or his Officiall to the Archbishop and passe by the Bishop Yet he may leap over him to that same man as he is Patriarch And as for custody of spirituall jurisdiction during the vacancie of the Episcopall See that was the right of Deane and Chapter According to the place peculiar to the Archbishop oâ— Canterburie 1. every Bishop of his province confirmed by him must exhibite to him a Chaplaine till he provide him some sufficient benefice 2. As Primat of all England he may grant letters of tuition whereby the appellant may prosecuâ—e his appellation without molestation offered to him in the meane time The Bishops have their Chaplaines as Princes and Noblemen have more for pompe and glory then for any necessitie or utility For they will bee inferiour in nothing to the great Nobles that concerneth pride of life Noblemen for pride will not joyne themselves with the parish where they are members to worship God joyntly with them as members of one politicall body but must have their servile and flattering Chaplaines at home yet they spoile many parishes to entertaine their beneficed and non-resident Chaplaines Will the Bishops be behinde them in this Nay they will bee as noble in this trespasse as the noblest and the Archbishop will lead the ring Take this unclaime of appellations from him his letters of tuition are deere of a doyt According to the place which they hold in the civill estate either as common to both or as peculiar to any one of them Common to both either by the common Municipall law or by the grant of Princes By the common Municipall law either in things Ecclesiasticall or in things civill In things Ecclesiasticall in which they have this prerogative to receive and register the probate of wills and to grant to the partie succeeding the administration of the goods of the person dying intestate having at the time of their death Boâ—a Notabilia in divers Diocies or jurisdictions of their Province The Archbishop hath a Court which is called the Prerogative Court in which the Commissarie sitteth upon inheritances fallen either by intestate or by will and testament By the 92. Canon of the Constitutions made Anno 1603. All Chauncellours Commissaries or Officials or any other exercising Ecclesiasticall jurisdiction whatsover are commanded to charge with an oath all persons called or voluntarily appearing before them for the probate of â—ny will or the administration of any goods whether they know or moved by any speciall inducement do firmly beleeve that the partie deceased whose testament goods depend now in question had at the time of his or her death any goods or good debts in any other Diocie or Diocies or peculiar jurisdiction within that province then in that wherein the sayd partie died amounting to the value of five pounds And if the sayd person shall upon his oath affirme That hee knoweth or firmly beleeveth that the sayd partie deceased had goods or good debts in any other Diocie or Diocies or peculiar jurisdiction within the sayd province to the value aforesayd and particularly specifie and declare the same then shall hee presently dismisse him not presuming to intermedle with the probate of the sayd will or to grant administration of the goods of the partie so dying intestatâ— and shall openly and plainly declare and professe that the sayd cause belongeth to the prerogative of the Archbishop of that Province willing and admonishing the partie to prove the sayd will or require administration of the sâ—yd goâ—s in the court of the sayd prerogative and to exhibit before him the sayd iudge the probat or administration under the sâ—â—l of the prerogative within 40 dayes next following In theâ—◠〈◊〉 Canon the Rate of Bona Notbilia liable to the prerogative Court is defiâ—â—◠〈◊〉 amounting to the value of five pound at least 〈◊〉 and deâ—laring that who so hath not good in then to the sayd summe or value shall not 〈…〉 to have Bona Notabilia unlesse in any Diocie by composition or custome Bonâ— Natabilia bee rated at a greater summe Here the Archbishop hath a Court for testamentary matters which are meere civill and belongeth no wayes to a spirituall Court which may and ought to be heard and determined in Courts temporall In civill things is 1. to have the title of Clemencie which in English we call Grace 2. to have praecedencie before all the Peeres of the kingdome This title and stile of Grace is not granted to any inferiour to a Duke so that they have a â—tile aboue Marquises Earles and Vicounts They mock at Christs words Luke 22. 25. when they say that Christ forbad his Disciples onely to be called bountifull or benefactors but not to bee called gracious Lords For Christ forbidding his Disciples to beare civill rule and temporall domination forbad them the stiles which were attributed unto or usurped by civill Princes and magistrates to set forth their pompe and power and for example he alledgeth that stile which was given to some of the kings of Aegypt by one stile meaning all other of the like kinde For as he forbad them not onely to be like the Kings of Aegypt but generally like the kings of the nations so the titles of all secular Princes and Rulers that rule Nations and kingdomes are forbidden Farther there is greater pompe in the stile of Grace then of benefactor and lesse truth for there are none so gracelesse unclement and cruell scoutges in the hands either of Popes or Princes to scourge the Church of Christ. These base fellowes must also haue place before the greatest Nobles in the land and the chiefe seat in publick conventions and parliaments Canterbury must have place before the chiefest officers of the kingdome Yorke before all except the Chauncellour like the ambitious sonnes of Zebedee seeking to sit the one at the right the other at the left hand of Christ in his kingdom which they dreamed should be a glorious worldly Monarchy They have also traines of men to attend upon them greater then many Noble men and some to beare up their taile which no Noble man hath Fie The Doctours of the civill law attend in their
gift And doth not this I pray thee see to be an honest way to get a Church living no such base and beggarly one as you speak of But is not this currying of favour meere beggery Is it any whit a lesse filthie thing to come to a rectorie or Personage by favour then by money If wee will judge indifferently it is all one fault to creep in whether it be by bribing and simonie or by fawning and flatterie The rest of the rout in the Countrey are diligent in attending the common sort of Patrones whose thresholds they lye watching at whose wives they brave and court as if they were their mistresses whose children they cogg with whose servants they allure with faire words and promises to be their spokesmen and in every place and poynt they play the parts of miserable beggars Some there are that begg more craftily like to those that sit in the high wayes or in places where two wayes meet and there they offer pilled rods to passengers to get a peece of moneyâ— therewith as it were a pennieworth for a pennie So doe men make way for their suits by large giving of money in hand or else by compacting to give some of their yerely tithes for a gratification But some man will say all this is not the corruption of the Lawes but the corruptions of men Nay surely as long as that manner of conferring Ecclesiasticall charges taketh place which hath been in use among us to this day there can be no remedie applyed to cure or prevent this beggarliness Doe wee not sufficiently find it to be true in experience In the late Parliament Lawes were enacted severely against it But what came of that nothing truely but that it made men deale more closely and cunningly to cosen the Law We must not thinke to doe any good with our lawes where Christs lawes are not observed But to proceed whence once the living is by beggerie obteined from the Patron what a deale of begging worke is there to come for those Sir Iohn-lack latines that institution might be had from the Bishops Heere hee must supplicate not onely to the right reverend Bishops but to Master Examiner to my Lords Groom of his Chamber his Register the Yeoman of his Butterie and Larder yea the meanest that belongeth unto him Not that want of Latine and learning will keep him from entrance into his benefice but that he that hath need of money for dispatch or speech with my Lord or the like must fee the servants the better whose gaine commeth trowling in this way There is no Castle so defenced which a Latinelesse asse laden with golden mettell may not scale and conquer Neither is there only almost so unfit that hath the repulse but by what engines he prevaileth let them looke to it The like is the condition of Praebendaries Archdeacons and Deanes Nay are the Bishops themselves cleare of this base beggarie What meaneth then that continuall haunting of the court and hanging upon the Nobles Why doe they not stay and wait till they be sent for yea why are they not rather pulled away from their studies against their wills Nay rather if a man should appeale to their consciences whether aâ— not some of those fat demeasnes of their Bishoprickes let out of their own accord to such as they seeke and sue to that might farme and hire them or else are there not other large bribes covenanted to be given to such as shall stand them in stead for attaining of those dignities But are thâ—y onely thus beggarly in their ambitious suing for their promotions Nay truly some of them are grown so extreamly base this way that if they bee to change their See they pay not their first fruits but by racking together in a filtâ—y fashion an almes from the poorest vicars which yet must goe under the name of Benevolence to make a cleanly cloke withall The price of simonie is not onely a gift in the hand of money but also the servile flatterie of the tongue prayers and sollicitations and officious services of the body Some Bishops have made their porters ministers as the authour of the petition to the Queene doth witnesse Simonie is compared to the leprosie of Gebezi but they have a water to cleanse it the Archbishops court of faculties where the Simoniacall person may be washed by a gracious but a costly dispensation 3. To grant a vacant benefice in title of trust which they call a Commendam either for a time or during life Wee alledged before an example of him that was Bishop of Glocester and withall commendatare of the Bishopricke of Bristow 16. yeares altogether by the late Queenes dispensation as witnesseth Godwin of Landaffe in his commentarie of the English Bishops Bishops are not content with commendams of Bishoprickes but to make their Bishoprickss more corpulent fat they take also fat parsonages vicarages and Prebends in commendams 4 That the sonne may succeed immediatly to his fathers benefice If the sonne claime kindnes as we call it to his fathers benefice he ought to be repelled and no dispensation should further him for the ministery doth not now discend by generation as in the tribe of Levi. But if he be sought lawfully chosen and called by the Church he may very well be admitted to his fathers benefice without the dispensation of any Archbishop 5 That for a time and for some weightie cause the beneficed person shall not bee bound to make residence but may serve by another that is sufficient Beneficed men are licenced to take up the rents of the benefice without making residence on their cures and charges The Chaplaines of the King Prince Noblemen and Bishops take up the benefices of their parishes and live notwitstanding at Princes Noblemen and Bishops houses Mr. Leaver preaching before K. Edward 6. sayd Now my Lords both of the Laity and Clergie in the name of God I advertise you to take heed for when the Lord of all Lords shall see his flockes scattered spilt and lost if he will follow the â—racke of blood it will lead him straight way unto â—his Court and your houses whereas those great theeves which murther spoile and destroy the flockâ— of Christ be received kept and maintained Hooper preaching before the said King said that his Majestie should beginne at his owne Court and compell the Chaplaines to serve thâ—se soules that labour for their livings otherwise he should put his owne soule in danger The Courts then of Princes Nobles Bishops and others are the first denns of these soule-murtherers The second rank of dennes wherein they lurke is the universities of Cambridge and Oxford There the fellowes of their Colledges beneficeâ— persons do make residence not at the Churches to which their beneficeâ— belong but as a Countreyman of their own â—aith melting and dying there like snayleâ— within their shelts The third sort of Non-residents are Deanes and Prebendaries lurking in their Cathedrall Churches as in dens
of guiltynes For it is a personall duety which the scripture requireth of the officebearers of the Church At the first Bishops were placed in little townes aswell as in great cities and were not so thin sowne as since that avarice and ambition have made them to dispise obscure places and to strive who should have the largest Diocies Nay even in England the Diocies of old were not so large as now The Bishoprick of York hath devoured many smaller bishopricks next adjacent as Camden reporteth in his Brittannia The Bishoprick of Lincolne hath likewise devovred many bishopricks which were in the time of the Saxons and howbeit it hath been greatly impaired yet there are 1247. parish churches in that Diocie at this day as is related by Camden These generalls being premitted I will be the briefer in the particulars Bishops considered simply as Bishops of which in England there are 24. whose estate is to be considered eitâ—er in the common-wealth or in the Church In the common-wealth in that they have the title of Lords in respect of their Baronie annexed to the Bishoprick 2. to have precedence before other Barons in the convention of thâ—ee thre Estates or in other meetings They tell us that Elias and Elizeus 1. King 18. 2. King 2 were called Lords and if the propheâ—s were of old so stiled why may not they also By this reason all prophets and pastors should be so honoured But the tuth is that the name of Lord was given by the wife to her husband Gen. 18. 12. and to any man of honest account howbeit to mean men as to Philip. Ioh. 12. 21. to Gardiners Ioh. 20. 15. and was more common among the orientalls then Sir is with us Elias and Elizeus were not Barons and for their Bâ—ronies stiled Lords aboue the common sort But that stile is with us attributed onely to Lords of dignitie to Noblemen and other officers of State As for Bishops you may see that they are so stiled in respect that they are Barons howbeit D. Downam doth aledge that they are so stiled in regard of their spirituall office and jurisdiction The first respect is forbidden Luk. 22. 25. as wee have sayd before The second respect is as unlawfull for there are no Lords in the Church but one Christ who is Lord and King Their ambitious and arrogant precedencie in taking place before great Barons is another part of their pompe Their statelinesse and pompe is set forth also in their glorious palaces sumptuous buildings Their chambers doe shine with guilt their walles are hanged with cloth of Auris their cupboards are laden with plate their tables and diets are furnished with multitude and diversitie of dishes their dayly dinners are feasts They have 30. 40. 60. or moe every one of them of men waiting on them some before some behind whereof three parts of them set a part the carying of a dish unto the table have no honest or profitable calling to accupie themselves in two houres in the day to the filling of the Church and common wealth also with all kinde of disorders as Mr. Cartwright an eyewitnesse doth testifie Many Churches lye desolate for want of sufficient provisioes whose impropriations are appropried to bishops to maintaine their pompe and statelines and bestowed upon keeping great horses caroches and trains of men I need not to insist in this poynt it is so sensible to any man who hath but common sence In the Church by reason of their calling or of their function In their externall calling to the Bishopricke some things respect the Prince some things respect other Bishops The Prince before election may 1. nominate 2. grant facultie to choose After the election finished 1. yeeldeth his Royall assent 2. directeth his mandate to the Arch-bishop to confirme him and other two to consecrate 3. exacteth the oath of homage from the new bishop 4. Restoreth to him the possessions of the Bishoprick Such things as respect other Bishops respect either the Archbishop or him and others the Archbishop as him who is to confirme the election Him and two others as who are to consecrate him according to the direction of the book of orders When the bishops Sea is destitute the Deane and Chapter make intimation to the King of their want of a Bishop and humble supplication for licence to choose another The King by letters patents under his great seale granteth them licence and with the letters patents sendeth a missive commending the person who is to be chosen some man who hath waited long on the Court and promised to some courtier an annuitie out of his Bishopricke during life or some other gift After this election which is made after the Papisticall manner by Deane and Chapter and a superficiall manner or pro forma as Sir Francis Bacon now Lord Chaunlour sayd the Deane and Chapter do intimate their feigned processe of election to the King againe praying the King to yeeld his Royall assent to the Lord elected The King directeth his letter patents for warant to the Archbishop or some other whom hee shall appoynt to confirme and consecrate my Lord elect The consecration being finished and the bishop having done homage and sworne fealtie the Kings writ is directed out of the Chancerie to the Escheator to restore to him the temporalities of the Bishopricke And the Bishop may procure another writ out of the Chauncerie directed to his tenants commanding them to take him for their Lord. This order of proceeding is thus described by the authour of the Assertion for true Church policie Here are many imaginarie formes and mockage rather then sound dealing The libertie of election of Pastors if Diocesan bishops were true Pastors is taken from the Church and the Church deluded with a May-game Now as for his consecration howbeit the Scripture doth not teach us two distinct forms of ordination one called consecration proper to a Lord Bishop the other by the generall name of ordination peculiar to a minister yet wee will let you see the Rites of their consecration how all are taken out of the Popes Pontificall as may be gathered by conferring the book of Orders with the said Pontificall A table is prepared for the Masse-book and the pontifical so is here a table furnished with the service book and the book of orders There two bishops are present to assist the Consecrator ordained to have on the Rochet if not the Roâ—cheâ— a surplâ—ce Here all the Bishops that be present at the consicration of Bishâ—ps should wearâ— coapes and surplices having pastorall staves in their hands They retaine the surplice seldome the coape but they never use their pastorall staves sayth the Author of the petition to the Queen And yet they have a staffe to beat out a painfull minister out of the Church if he take not on a surplice But in the abridgement of the ministers of Lincolne it is sayd that in the former edition of the book of ordination which
doe it alwayes by himselfe Then are they brought to the bishop not by the minister but by a godfather and a godmother for they must have a godfather and godmother at confirmation as at baptisme The Curate of the parish needeth not to come but may send the childrens names in writing In the first prayer the bishop prayeth for the 7. gifts of the spirit which the Papists say they receiue in confirmation Then the bishop wil not lift up his hands and blesse them in common as the Priests in the old law did when they blessed a multitude or great number but they must be brought to him one by one that he may lay his hand on every childe severally For there is some efficacie say they in that signe For they say that imposition of hands is one of the externall meanes by the which the holy Ghost is given And howbeit that prayer have the chief force yet imposition of hands hath some also In baptisme we receive forgivenesse of sinnes but the principall grace we receiue in confirmation is say they strength and defence against all tentations to sinne and the assaults of the world The Papists and they make the like destinction betwixt baptisme and confirmation The Papists say the comforter promised by Christ to his Church was bestowed in the sacrament of confirmation The same prayer for the comforter use they The grace which is begun in baptisme they say is perâ—ected in confirmation as the Papist sayth as if when we were baptized we were but halfe Christians In the prayer after the laying on of hands it is 〈◊〉 that the laying on of the bishops hands is a signe whereby the childe is certified of Gods favour and gracious goodnesse toward them a child of seven or eight yeares of age If it bee a certifying signe is it not a seale of grace as the other sacraments are All that I have sayd may be seen in Hooker Hackwell and their service book None must receive the communion till he be thus bishoped and yet divers bishops do not use it Then by order of law these who are bishoped may refuse to take the communion In hallowing of Churches the Papists use crosses taper light burning of lamps oyle ashes and many ridiculous ceremonies but let it be so that their dedication is more simple then the Popish yet it is superstitious For to dedicate that is to dote and mortifie to such a use as to the congregation to covein in it is already done by the founders who were owners of the ground and builders of the Churches and the use is onely civill to defend the people convened from winde and weather or other incommodities which might impede them in the service of God A second dedication that is an hallowing of it after it is set apart before it can be employed to divine service as if divine service were prophaned unlesse it were hallowed is meere superstition Our Churches are not like the Temple of Ierusalem which had a legall kinde of holines and was a type and figure of Christ but like the Iewish Synagogues There is no more holinesse in our Churches which containe the congregation then in the glebe land which is dedicate and set a part to maintaine the minister but that it should be kept cleane and comely for the people which is to convene in it When the congregation is there at divine service which is but accidental and may be performed on a hillock then God indeed is present in the middest of them Out of this hallowing of churches hath proceeded superstitious customes and canons of immunitie of churches I heare they may not carry a vessell through one of their cathedrall Churches or a bagge under their arms without reproofe as if their great Domes were like the Temple of Ierusalem Mark 11. 16. The like may be sayd of Churchyards or other burying places for all burial places are of a like nature whether they be neere the Church or removed fare from it Their jurisdiction is either delegate of ordinarie Iurisdiction delegate sometime to the Bishop not as he is Bishop but as he is a citizen or subject as 1. if he be appointed a justice of peace 2. if he be upon the kings secret counsell 3. if he be sent Embassadour to any forraine Prince 4. if he have any other civil office of countenance committed to him Besides that some of them are Iustices of Peace and Quorum some Councellours some at sometimes Embassadours to forrain Princes some of them have been Deputies under the Presidents of Wales as Whitgift late Bishop of Canterburie some of them sit in the Starre chamber with the Chauncellour and others of the Councel together with other Lords and Barons upon notable riots counterfeiting of letters taking away of maids within age against their parents and Gardians will c. where the most usuall punishment is imprisonment the pâ—llory or a fine They sit also in the high Court of Parliament pretending themselves to be theâ— estate of the Realm as if the body and state of the common-wealth were not an entire and compleat body and state without the body and state of the Prelacie nor lawes could not be made without their consent But the vanity of this their pretence is taken away by the authour of the Assertion of Christian Church Policie who doth prove that lawes have been made without their consent yea and without their presence even since they have been admtited to sit in Parliament Their priviledge to sit in the Starre-chamber and to be Lords of the Parliament house some doe thinke was granted by King Henry 2. Camd â— thinketh that this honor was bestowed upon them by William the first and that it is in respect of their Baronies which they hold in knight service that they sit there It is no fundamentall law then of the kingdome farre lesse doth it agree with the law of God to give voyce and decide in criminal civil matters in whatsoever secular court Is there any doubt to be resolved out of the word they have ever had a convocation of the Clergie in time of Parliament with whom they have advised in matters of religion Are the Prelates for their riding in pompe to Westminster and sitting in their â—obes more able to give advice then the whole Clergie assembled in a lower house Or can they be more rice in their judgement sitting apart from them Or is it not enough to give advice unlesse they also vote and that in matters no way pertinent to their calling Or is the Church respected in their persons when they shall have no place but as Barons Or shall they vote in the name of of the Church not having commission but like the Nobles who have place in respect of their birth In the higher house the Iudges of the Realme the Master of the Rolles and the Secretarie of estate sit in the midst thereof upon wooll-sackes But these that sit on the wooll-sacks have no
voyce in the house but onely sit there to answer of their knowledge in the law when they be asked if any doubt arise among the Lords sayth Sir Tho. Smith in his common-wealth This place if any better becommeth them then to sit high each in his ranke over against the Dukes and Barons and to answer only of their knowledge in the law of God when they shall be required for any matter of Religion But this as I sayd may be better done in the convocation house In time of Poperie the Spirituall Lords might not sit in Parliament whensoever any statute was to be made touching felonie or treason or the losse of any member or shedding of bloud If they might haue been spared then at such times may they not be as well spared in matters of possessions and unheritances Our Prelats entred in parliament notwithstanding the cautions and conditions condiscended upon were never insert in the act of their admission upon which condition onely the generall assembly after great opposition made to the Churches vote in Parliament was induced for the most to consent To bee Lords in Parliament and Councell to governe countries to sit in the Starre-chamber to bee Iustices of peace and Quorum to goe in Embassage to forraine princes and to exerce other civill functions in the common-wealth as is here sayd is to exerce offices incompatible with their spirituall calling to beare rule and dominion among the nations to intangle themselves with the affaires of this life and to neglect that spirituall calling to which they were sanctified and set apart from the rest of the citizens and subjects of the kingdome It was said of old that the Psalter should never bee out of their hands They take the charge of a great Diocie more then they are able to compasse within the fadome of their armes and yet turne it over to their Vicars officialls Chauncellours Archdeacons Commissaries and take upon them offices which they confesse are not Episcopall but delegate onely by the Prince O what a confusion hath the pride and ambition of Clergie-men brought into the Church of God! In jurisdiction by ordinarie law attributed unto them in their owne Diocie is to be considered either the sinewes of exercising it or the jurisdiction it selfe The sinewes of exercising their jurisdiction are Ecclesiasticall censures which may either be inflâ—cted upon laymen and Ecclesiasticall persons or peculiarly upon Ecclesiasticall persons onely Of the first sort are 1. interdiction of divine service 2. admonition 3. suspension eiâ—her from entrance into the Church or from partaking of the sacraments 4. excommunication 5. the great curse Anathema against a pertinacious heretick Of the second sort are 1. sequestration of the fruits of a church 2. suspension either from office or office and benefice 3. deprivation 4. deposition that is either verbal by sentence or reall which is called degradation Of all which censures one to wit excommunication is inflicted for contumacie either for not compâ—iring in judgement or not obeying the mandates of the Church The rest are inflicted as well for contumacie as for other actuall offences By interdiction sayth Mucket a communaltie for some publick offence is deprived of divine service buriall administration and receiving of the sacraments Interdiction of a certaine place as of a citie or whole countrey for some publicke and common offences committed by them or the superiour Magistrates to whom they adhere whereby Churches are closed divine service is substracted c. The Bishop of Sâ—alato saâ—th it is an impious invention not known nor heard of in the Church for a thousand yeare and that it bred in Pope Hildebrands brain and concludeth after some reasoning â—on ergo legitima est sed spuria haec censâ—va ac 〈◊〉 abominanda quam Ecclesia pro sua 〈◊〉 ignosit Excommunication is distinguished by the Canonists in the lesser or greater excommunication The lesser sayth Mucket is suspension from intrance into the Churâ—h or onely from partaking of the sacrament which Cyprian calleth Abstentio and it is inflicted for contumaciâ— and other offences but chiefly for contumacie in not compeiring in Eâ—â—lesiasticall Courts or not obeying their ordonances D. Field saith that lesser excommunication excludeth onely from the sacraments which when it is pronounced against them that stubbornly stand out and will not yeeld themselves to the Churches direction or disposition is properly named excommunication but when it is pronounced against then that yeeld when they have offended and seeke the blessed remedies of the evils they have committed it is not so properly named excommunication but it is an act of the discipline of repentance This suspension from entrance in the Church is against all reason for even persons excommunicate should not be debarred from hearing of the word for the word is the meane and powerfull instrument whereby offenders are recalled The greater excommunication sayth Mucket is whereby the offender is not onely debarred from receiving the sacrament or entrie in the Ch. but also from the fellowship of the faithful Doctor Field describeth it thus The greater putteth the excommunicate from the Lords body and bloud and depriveth them of that comfort and strength of grace which from it they might receive it denieth unto them the benefite of the Churches publick prayers and so leaveth them to themselves as forlorn and miserable wretches without that assistance presenâ—â— and protection which from God she obtaineth for her obedient children The tearmes being thus unfolded we haue to consider in the use of this censure these special poynts First the lawes made under the pain of excommunication ipso facto For in time of Poperie there were two sorts of excommunication one inflicted by the law or Canon when a man committing the offence and fact inhibited by the law was made subject to excommunication without the ministerie and proceeding of a judge which was called also excommunicatio latae sententiae The sentence was not left to the judge to pronounce but was esteemed pronounced in the very law it selfe The other excommunication is inflicted by a judge after citation and cononicall forewarning wherin the sentence condemnatorie is pronounced by the judge The former leaveth nothing to the judge but the sentence declaratorie to declare that seeing he is gultie of such a crime hee is already excommunicated The Bishop of Spalato howbeit their great friend otherwise condemneth this kinde of excommunication as absurd and perceiveth in it magnum Papatus arcanuÌ„ latere cui et rudes imperiti Canonistae seu potius Decretistae spiritum robur addere sunt conanati For sayth hee Excommunicare etenim est actu aliquem ligare non potentia Non enim ligatur qui potest aut debet ligari sed qui reipsa ligatur How can a man as yet invisible indemonstrable unknowne to him that bindeth be bound This bond cannot bind without a binder and the presence or knowledge of him that is bound When such a Canon
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
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
reckoned up onely for the fashion of others not their mentioned they take a severeâ— account As for example Mucket doth adde these following Delay of Baptisme at the point of death contempt of Episcopall confirmation not bowing the knee at the Letanie and at the name of Iesus reproaches against the Liturgie the government of the Church c. Profanation of the Chalice and the plate Profanation of the Church-yards with Markets or Faires with weapon shewing with dancing c. In the Admonition to the Parliament it is said Now great sins either not at all punished as blasphemie usurie drunkennesse c. or else slieghtly passed over as with pricking in a blanket or pinning in a sheet as Adulterie Whoredome c. Again such as are no sins as if a man conforme not himselfe to Popish orders and ceremonies if he come not at the whistle of him who hath no authoritie to call wee meane Chanscellours Officials and all that rable are grievously punished not onely by Excommunication Suspension Deprivation and other as they terme it spirituall coertion but also by banishing imprisâ—ning reviling taunting c. So howbeit the offences which are abovementioned in the Table belong to Ecclesiasticall enquirie in respect of the slander they are taken from the lawfull iudicatorie of the Church and transferred to the Bishop to enquire as he thinketh good And therefore it is but pro froma that they are here set downe Simonie is one of the number and yet what Simonie is committed and how that may be dispensed with wee have already manifested Where is horrible blasphemie so rife It were longsome to goe through all the particulars But this I cannot passe vvith silence anent the prophanation of the Lords day howbeit it bee not heere expressed The Bill for the better observation of the Sabboth 27 Elizabeth being â—assed by both houses of Parliament was notwithstanding gainesaid and withstood by none so much as by certaine Euangelicall Bishops and whiâ—h as there men generally conceived was onely stayed from being made a Law by the Queene upon their counsell and perswaasion When the Bshop doth visite he doth not visite every parish by it selfe as our Presbyteries wont to doe but all the Parishes in the bounds of foure or five rurall Dâ—anries at once When his lordship commâ—th to some principall Kirk of one of the Deanries then the Ministers Church-wardens and Sidemen within the bounds of those Deanries are to repaire to that place The Parishes which perhaps have just matter of complaint against their dissolute Minister of Church wardens are not warned to be present at this Visitation The Bishop being set on high and the rest standing before him the Church-warden touching the book and kissing it is enjoyned at an appointed day to make known to the Bishop or his Vicar such offences as in a book of Articles given them are expressed For he hath his Chancellour or Vicar and Arch-deacon to assist him At the appointed time the Church-wardens come and giue up their bills of presentments the names and dwelling places of the delinquents The delinquents are sent for if they can round over the matter with the bishop or his chancellour or vicar there is no more of the matter but if not then is the delinquent enjoyned to take an oath suppose there be no evidence of the crime but onely a slanderous report and bruit and if he free not himselfe by an oath he shall be holden as guiltie yea further he must have sixe or eight besides to sweare at a set day their oath of credulity that they perswade themselues he hath sworn the truth and thus hee is purged by canonicall purgation Thus are they very careful when the matter is not rounded over For as Lindwood Canterburies principall Officiall who wrote about 200. yeares since saith Vigilare non curant proelati quamplures ut obseruentur statuta nullam utilitatem bursalem inducentiâ— Many Prelates are not vigilant and carefull to have statutes observed which bring no purse profite with them Many abuses and corruptions are in their Vâ—sitations no doubt which have not as yet come to my knowledge but you must be content good Reader with the little that I have delivered In contentious jurisdiction are to be considered either the persons or the causes judged or judgement it selfe The persons either the ordinarie judge or else his surrogate or the parties the pursuâ—r and defâ—ndant and they doe plade either by themselves or by others as by the advice of advocates or the diligent travels of their Procurators The things judged are either of publike or private interest of publike as I contribution for reparations of the Church fabrick and Church-yard dike and for acquiring any other thing which is lâ—cking in the Kirk or 2 punishment some Ecclesiasticall offence or contumely It is true every Church ought to be carefull to hold up the fabrik of the Church and to furnish it with all necessarie utensils but if the Parishioners who ought to bee contributories be slack they ought to bee pursued for the money in the Kings Courts not in Church consistories If a man holding land which usually payd a pound of waxe to the Church do withhold it the Churchwarden may very welpursue before a civill judge Suchlike if the Church be uncovered or the churchyard unclosed Church officers may not impose taxations Of privat interest in causes of 1. matrimony 2. succâ—ssion to the goods of the deceased 3. Ecclesiasticall rights Of matrimonie either by action or for supporting or dissolving of it By action either to conciliate knit as when we sue at law that matrimonie may be celebrate and consummate according to the contract or that after the celebration the mutuall marriage duties may be performed which is called Actio directa or when we intend actioÌ„ of lactication of maâ—â—mony against another who falsely pretendeth a matrimonial contract to our prejudice which is called Actio contraria For supporting or upholding of matrimonie as when aftâ—r the marriage we sue for the money promised in dowrie with the Bride For dissolving of matrimonie either for a precontract matrimoniall of either of the parties with some other or perpetuall and incurable frigiditie or consanguinitie or affinitie by lawfull or unlawfull copulation or adulterie or for rigorous dealing in which case separation from the bedd and boâ—rd but not from the bond is granted Such matrimoniall causes as are meere civill belong not to Ecclesiasticall courts as debts and dowries promised in marriage are not properly demandable in Ecclesiasticall courts Matrimonie as it is a civill contract may be ordered by civill lawes seeing upon it dependeth the right of inheritances providing that nothing bee done repugnant to these conditions which God in his word hath superadded to that contract as to determine within degrees prohibited or polygamie to bee lawfull So farre as it is divine in that God conjoyneth and interveneth as third person and setts downe conditions both
of conjunction and dissolution in the word the Church is to see that that order and these caveats bee observed which are contained in the word For it may fall out that both in binding up of marriage they may commit incest and in dissolving without a just cause may offend also It is the Churches duty to prevent and remove such offences But of other lawes civil and municipal they are not executors These lawes which are divine are of a mixt nature These which are civill belong onely to the civill Magistrate The Churches part is transferred to the cognisance of officials to whom it doth not belong And therfore Beza concerning this abuse writeth thus Sed quorsum hoc ad officiales promotores procuratores totam denique illam procorum colluviem quae Ecclesiam Dei iâ—mprideÌ„ devastat quorsum hoc ad illa non Ecclesiae tantuÌ„modo Christianae verumetiaÌ„ universi mundi de But what maketh this sayth he for officialls promoters Proctors and all that filth of swine which now a long time doth waste the Church of God What is this to these shamefull staines not onely of the Christian Church but also of the whole world Further beside the Churches part which is to take heed to offences and breach of Gods law they have taken the Canon law for the rule of their proceedings both in spousalls mariages and divorces And thirdly have taken in debts and dowries goods and chattels which are accessorie to marriage to judge upon and this must be called Ecclesiasticall cognisance Lastly these causes are of such weight that they are not to be committed to the skill or conscience of one base officiall It is observed by the author of the Assertion for Christian policie that mens inheritances many times hang in suspence upon question of lâ—gitimation or illegitimation of their children to be allowed or disallowed by the Canon law and that many Knights Esquires and Gentlemen doe complaine and bewaâ—le the stealing away and mariages of their daughters neeces neere kinswomen or wards Couples have been married and lived together 4 6 or moe yeares as man and wife and upon a new and sudden dislike and discontentment or upon a surmised precontract pretensedly proved by two suborned witnesses by vertue of the Canon law the husband was adiudged no husband the wife no wife Another example he relateth of one solemnly maried to a wife and after by reason of a precontract solemnly divorced from the same wife and compelled by censures of the Church to marry her for whom sentence of precontract was adjudged and yet authorized by the same consistorie about ten or twelve yeares after the divorce to resummon recall and rechallenge his first wife she having a testimoniall out of the same consistorie of her lawfull divorce and being againe solemnly maried to another husband Licences of mariage have been granted out of their Ecclesiasticall Court with a blanke So the partie licenced was enabled if it had been their pleasure to marry another mans wife or his wives sister Many moe grosse absurdities are there alledged by thâ— learned authour which the Reader will sâ—arce beleeve But I omit them and many other things which might be sayd anent the particulars set down in this Table Succesâ—â—on to the goods of the deceased is either or him who hath made his testamâ—nt or who hath died intestate The first 〈◊〉 her universall when the plea is for proving or improving the testament exhibited or particular when the suit is for to obtain a cerâ—ain legaâ—ie The sâ—cond is either properly when no testament is made or by way of inâ—estate as when there is none who will take upon them the burthen of executorie In either of the cases the action is either to obtaine the administration of the goods and that eitheâ— simply or with the later will annexed that it may be fulfilled or witâ— the tutorship and to the use of the Minâ—râ— or else the action is against him that ingyreth himselfe into the administration and intrometteth with the goods of the deceased not being inabled with any warrant Causes testamentarie and their appendicles are meere civill and temporall and therefore do not belong to spirituall Courts It is by the grant of Kings not by Ecclesiasticall right that Church consistories have medled with such causes Because Bishops were supposed to bee men of good conscience and that they would be carefull to see the later will of the deceased performed then others therefore they were reserved to Episcopal audience and cognisance of Ecclesiasticall Courts But this respect was not founded upon Gods word For we must not looke so much to conscience as to a lawfull calling or else all civill causes pleaded before a Iudge should be referred to Church-men because of their supposed good conscience And the truth is it is but supposed indeed For a Bishop or pastor that will medle in matters impertinent to his calling hath but a bad conscience Such a man will never make conscience of it more then another religious Christian. And what conscience they made of the matter may bee seene in that they transferred that which was committed to their trust to a base Officiall who hath as bad a conscience as the Bishop himselfe and badder if badder may be And as for skill in deciding such causes no man will deny but the civill judges are more able to cognosce and determine in them then Church-men By the common law sayth Lindwood these causes were not committed unto the Church but by the free grant of Princes And therefore in the lawes alledged by him approbation and insinuation of testaments are forbidden Clergiemen Et ratio redditur in juribus illis allegatis quia opprobrium est clericis si peritos ostendere velâ—â—t rerum for â—enseâ—â—â— May not matters of legacies and bequests of goods as well as of lands bee determined in remporall Courts Cannot the Iudges in temporal courts discerne upon proofes and other presumptions whether the testator was of perfect memorie or distracted as they doe in questions of lunacie madnesse or idiocie in men living Can they not define of two wills which is the first which is the later will whether the legacie remaine or bee recalled whether it bee pure or conditionall If a creditor may recouer his debt due by the testator in the teÌ„porall Court what should hinder a legatarie to recover his legacie in the same Court This poynt is made cleare and amplified in the Assertion of true and Christian Church policie To conclude then probates of wills committing of Administrations sequestrations of the goods of the intestate recovering of legacies taking up of inventaries c. belong not to a Church Consistorie and it is a very great abuse that such Consistories should be called Church consistories and that spirituall censures should bee put in execution by them Ecclesiasticall dues and rights are 1. tithes which are either Praediall Personall or Mixt. Praediall tithes are such as come of the
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
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
generall and officiall principall part that betwixt them To what use then serveth the cathedrall Deane and his Canons or prebendaries c. but to wear copes and caps tippets and hoods rochets surplices to pipe on organs to sing curiously to read gospels and epistles according to their severall offices and in their severall turnes and courses In the 24 canon of the last constitutions when the communion is to be celebrated upon principal feast dayes if the bishop himself be not present then the Dean is to administer the communion with a cope And notwithstanding of all this the Deane must sit in some chiefe place of the Church with his velvet cushion before him and cloth of estate and be brought to his place with a silver Mace before him CHAP. 7. The calling and function of English Priests and Deacons THE name of Priest to signifie a minister of the Gospell is usuall with them even in their latest Canons Howbeit it seemeth to bee derived from the Greek word Presbyter yet seeing it hath been used to signifie a sacrificing Priest such as the Masse-priest was thought to be and is still retained in their latest translations of the Bible to signifie a sacrificing Priest their pretext of the originall of the name is frivolous for either they should translate the Leviticall Priest sacrirficer if they would retaine the proper signification of the word priest or else abstaine from or alter the name of Priest seing they may have choyce of names The Ecclesiasticall persons in the Parish Church are the minister and Deacon In the minister are to bee considered his externall calling and his publicke function His externall calling is either to the order and degree or to the benefice and place of the ministerie The externall calling to the order and degree is seene either in things preceeding the ordination or in the ordination it selfe In things going before the ordination as 1. publick intimation made by the Bishop in the most famous places of the Diocie of the day of ordinations 2. Letters testimoniall to the Bishop ordainer from men of good credit and religion as well of the conversation of him who is to be ordained as of his birth that that he is not a bastard or bond-man 3. the examination of him who is to be ordained either of his education whether hee were brought up in a common Schoole or in an Academie or of his progresse in humane literature or theologie in which is to be considered either the proficiencie it selfe to be tried by the Bishop himselfe or the Archdeacon or some other appoynted for him or else the degree which hee hath taken on in the Schooles The ordination it selfe consisteth in prayers for him who is to be ordained 2. in exhortations to him and 3. in imposition of hands You may see that they make the calling to the ministerie and the calling to the place two divers actions distinguished in time whereas none ought to be admitted to the ministry but when and where there is a place voyd The Apostles ordained not ministers to rove abroad through a whole province but appointed them towne by towne Tit. 1. 5. Act. 14. 23. The Councell of Chalcedon decreed that no presbyter should bee ordered loosely that is unlesse as it is there added it bee in some congregation or citie The word Apoleâ—ymenoâ—s they interpret without a title but then by a title they meane not a particular charge but some possession or living to be maintained by But who will ever admit sayth Mr. Calvin that the title which the Councell requireth is a yearly revenue to maintaine himselfe with In the latest canons this Popish interpretation is approved where are set downe the titles of such as are to be made ministers If he be provided to a place in some cathedrall or collegiate Church or if he be a Fellow or in the right of a fellow or if he be to be a conduct or Chaplain in some colledge in Cambridge or Oxford or if he be a Master of Arts of five yeares standing that liveth of his owne charge in either of the universities or if by the Bishop himselfe that doth ordaine him he be shortly after to bee admitted to some benefice or curatship then voyd is he sayd to have a title howbeit hee have not as yet a particular flocke which was not the meaning of the councell of Chalcedon farre lesse the meaning of the holy Ghost in the scripture They have made 60. 80. or 100. at a clapp and sent them abroad into the countrey like masterlesse men say the authours of the admonition to the Parliament And againe When they have made them either they may tarry in their colledge and lead the lives of loytering losels as long as they live or else gad abroad with the Bishops Bulls like to Circumcellions to preach in other mens charges where they list or else get benefices by friendship or money or flatterie where they can catch them or to conclude if all these faile that they may goe up and downe like beggars and fall to many follies or else as many have done set up bills at Pauls or at the Royall Exchange and such like publike places to see if they can heare of some good masters to entertaine them into service In the late Canons foresayd the Bishop is ordained to maintaine him in all things necessarie who hath not one of these titles till he preferre him to some Ecclesiasticall living which is but one of the rotten Canons of the Canon law If this were kept 3. or 4. Bishops in this realme would have kept such houses as never any did in this land as is sayd in the foresayd admonition Their order in making Priests is this First they must be Deacons before they be made Priests for so they interpret the words of the Apostle 1. Tim. 3. 13. they that have ministred in the office of a Deacon wel purchâ—se unto themselves a good degree that is say they a step to the ministerie The Apostle sayth not that they who doe the office of a Deacon well shall get a good degree or standing but that in so doing they get themselves a good degree that is authoritie and estimation in the church and consequently great boldnesse in the faith For a man may have gifts sufficient for a Deaconship and yet never have gifts sufficient for the ministerie But admitting the office of the Deacon were a step to the ministerie that hee who is a Deacon may be a Minister it followeth not that there is not accesse to the Ministery but by this step of the Deaconship And therfore not to admit a man to the ministerie â—nlesse hee first take upon him the office of a Deacon is a naâ—ghâ—ie device It was decreed in their latâ—st Canons that no Bishop should make any person of what qualities or gifts soever a Deacon and a Minister both together upon one day Not that alwayes every Deacon should be kept from the
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
Gâ—spels and Epistles In a word all the dayes dedicate to Christs severall acts are all humane inventions some later some more ancient Iewish formes wherwith that people was brought up under the pedagogie of the law a rudimentarie kind of instruction not beseeming the Christian Church nor answerable to the cleare light of the Gospell The Iewes anniversarie dayes were abolished not onely for their peculiar service or signification of things to come but altogether howbeit memorials of by-past benefits Christ and his Apostles did institure no day for remembrance of a particular benefit no not the weekly sabboth let be an anniversary day For the weekly Lords day was not appointed for remembrance of the particular benefit of Christs resurrection but for the whole worship of God If the Lords day were referred directly and expressely to the commemoration of the resurrection then should it be the proper and peculiar service of the Sabboth then should we not have at all a day determinate in the new â—estament and institute to worship God for himselfe and all his workes in generall There was then no memoriall dayes appoynted in the new testament but a morall day for the worship of God The sacrament as often as it is celebrate it is a memoriall of his passion When the word is preached Christ is crucified before our eyes But dayes of particular commemorations of some speciall actions with solemnitie and cessation from worke we have none nor was it the intention of Christ or his Apostles If there be no warrant to dedicate anniversarie dayes to Christ farre lesse to the virgin Mary and the rest of the Saints and of Angels Their holy dayes of Saints are called the Saints dayes as well as Christs dayes are called his And they have their collects gospels epistles as well as Christ hath his and what reason have they to have some anniversarie remembrances of so many Saints of the new testament and never one for any of the old Can they give any reason of this difference but a â—opish one And among these of the Christian Church why is Timothy and Titus and many â—oe not remembred as the rest are Is the 〈◊〉 purification of our Lady upon the candleâ—masse day a matter of such moment that it is to be honoured with some speciall day and actions of greater importance are not so to be celebrate This night the Maior of London kneeleth downe at S. Edwins tombe in Pâ—ules Church and sayth a Pâ—ter noster as Barroâ— reporteth If I should insist upon every particular day and rip up their collects gospells pisâ—les hymnes and songs I should be too proâ—ixe For we should fall upon many fooleries and impertinent application of the word of God In the collect from Christmas to New-yeares day they are appointed to say that Christ was borne upon this day when as it beâ—oved him to be borne onely upon one day 〈◊〉 it is grounded upon an erroneous conceit of Zacharies high priesthood that he was born â—n the 25. day of December In the collect upon Innocents day it is sayd that the infants whom Herod murthered were Gods witnesses Athanasius creed is to honour the high dayes 〈◊〉 not the common creed and is appointed to be read onely upon certaine holy dayes it must not grace other dayes Venite may not serve at Easter as it doth all the yeare before and after follow Domine labia mea They have no reason for these and other like superstitious vanities but such as Durandus or any other papist can give them out of their reasonlessâ— Rationalls What holynesse they place in their holy dayes may be seene in that they haue a stricter rest enjoyned upon them not they urge for the sabbath whereas the Lord required a stricter rest upon the Sabbath then upon other dayes appointed by himself Then againe their principall feasts haue Eaves and devout fastes going before Thirdly they say they will not change them to let us see that they may be changed but retaine the same dayes which the papists observe and which they say were consecrate and made more holie then other dayies be the actions which were wrought on these dayes as the manger and crosse of tree was with the truth of Christs body Even howbeit this reteyning without change doeth nourish in the people both a superstitious and popish conceit of the holynes of the day and the erroneous conceits that Christ was borne on such a day Iohn Baptist on such a day that Zacharie was high priest etc. To let passe other popish opinions of worship and merite The most part observe it with masking dancing gluttonie games enterludes For the which superstitious and erroneous conceits and incorrigible abuses they ought to be abolished suppose in themselves they had bene never so indifferent Besides their Eaves they have their ordinary fridaies Ember weeks and lent fast And if they say that abstinence from flesh onely is coÌ„manded for some politicall respects I would demand wherefore is the minister or Curate enjoyned after sermon homilie or exhortation to declare unto the people whether there be any holy dayes or fasting daies the week following Are not the people commanbed likewise to repaire to the Church to pray and to heare divine service Their lent beginneth as the popish doeth upon Ashwednesday with a terrible coÌ„mination where are pronounced many bitter curses and the people answer ratifie every one of them with their own mouth saying Amen The priest before he utter the curses after the lettanie is sayd goeth to the pulpit to imitate the levites who pronunced curses upon mount Ebal and never but once he saith Brethren in the primitive Church there was a godly discipline that at the beginning of lent such persons as were notorious sinners were put to open pennance and punished in this world that their soules might be saved in the day of the Lord and that others admonished by their exaÌ„ple might be the more afraid to offend In stead wherof untill the same discipline may be restored again which thing is much to be wished etc. it is thought good that at this time should be read the generall sentences of Gods cursings against impenitent sinners Yee see that corporall and afflictiue penance is commended for good discipl for the disci of the prim church for the discipl of lent and espetially on ashweonesday that it is wished to be restored again I beleeve theÌ„ It is displing ashes shriving and such other gear that they would haue In the last collect upon the first day of lent or ashwednesday the priest or Curate sayth Be favourable to thy people which turne unto the in weeping fasting and prayer Is this to fast for ciuil respects onely for the main tenance of sea faring men and preservation of cattell The Priests and Clerks kneeling say the Psalme miserere mei Deus The prayers and special exhortations tend to begin their repentance that day The week before Easter hath a prescript service
infection of the plague and indeed it renueth the memorie of the Leviticall priesthood which did with-draw himselfe from the people into the place called the holiest place where he talked with God and offered for the sinnes of the people The chauncel distinguished from the body of the Church is their holy place for the Priest and He hath a peculiar dore to this chancell through which none might passe but himselfe saith Borrow For the châ—piters and letanie there is commandement given that they should be read in the body of the Church saith M. Cartwright in his first Reply In his second Reply he saith I am assuredly perswaded that the tenth Church in England hath not all the service said in that place where the whole Church may heare it They will rather stick to the Iewish or popish rites and imitate Masse priests then edifie Gods people For mariage he commeth to the bodie of the Church for Baptisme to that part which is over against the Church-dore and so trudgeth from place to place The Letanie must not bee used but upon Sundaies Wednesdaies and Fridayes except the Ordinarie appoint other dayes the Minister propoundeth things to be prayed for or against the people performe the prayer saying with a lowd voyce Good Lord deliver us we beseech thee to heare us good Lord and this they often repeate And yet one suffrage is put out of the letany which was in it before to wit From the tyrannie of the Bishop of Rome and all his detestable enormities good Lord deliver us They say certaine Psalmes and prayers over the corne and grasse and certaine gospels at crosse-waies saith Barrowe In the service booke the Curate is thus directed anent Homilies After the Creed if there be no Sermon shall follow one of the Homilies alreadie set forth or after to be set forth by common authoritie Who knoweth what is hereafter to be set forth The Survey of the booke of common prayer doth relate that many points of Poperie and Lutheranisme are broached in Court and citie pulpits and yet not called into question as be Doctrines tending to the Reformation of Popish ceremonies Iudg then what corrupt Homilies may be set forth And yet Ministers are urged to subscribe to the book of common prayer notwithstanding of the foresaid Rubrickes It is the office of a Pastor to preach and not to reade Homilies Hee ought to cut and divide the word aright and apply it to particular sores which cannot be done by homilies What was said against Apocripha bookes may be throwne against them The reading of homilies is a cushion for idle or blind Priests to rest upon What say you to the Vicar of W. who upon an holy day in stead of preaching the Word which he could not or reading of homilies which he would not to terrifie his Parishoners with the judgements of God and to move them to repentance solemnly read and published a counterfeit fable out of a little pamphlet intituled Strange newes out of Calabria pretended to be prognosticated by M. Iohn Doleta The parts of the Liturgie which concerne onely certaine persons are â—nens 1. Celebration of matrimonie In the first words uttered to the married persons by the Priest it is said that Matrmonie signifieth unto us the mysticall union which is between Christ and his Church Then againe in a Collect after the conjunction it is said O God which hast câ—nsecrated the state of matrmonie to such an excellent mysterie that in it is signified and represented the spirituall marriage and unitie betwixt Christ and his Church Is not this to apply these words Ephes. 5. 32. This is a great Mysterie to the conjunction of man and wife which the Apostle uttereth of Christ and his Church by which interpretation the papists have made mattimonie a Sacrament and the band betwixt the married persons inseparable and not to be dissolved but by death In the first part of their homilie of Swearing Baptisme and Matrimonie are called Sacraments The minister receiving the woman at her fathers or friends hands is to cause the man to take the woman by the right hand and give his troth to the woman Then are they to loose their hands againe and the woman taking the man by the right hand giveth her troth Then shall they againe loose their hands and the man shall give unto the woman a Ring laying the same upon the booke with the accustomed duty to the Priest Clerke And the Priest taking the ring shall deliver it unto the man to put it upon the 4 finger of the womans left hand And the man taught by the priest shall say with 〈…〉 thee wed with my bodie I thee worship 〈…〉 worldly goods I thee 〈…〉 name of the Father Son and H. ghost Then the man leaving the ring upon the fourth finger of the 〈◊〉 left hand the minister shall say set us pray O eternall God c. In the prayer the ring given and received is said to be a token and pledge of the vow and convenant made betwixt them Is there not heere an heap of toyes and yet never one wanteth a signification The ring must be put upon the fourth finger of the left hand because say they there is a nerve which runneth from that finger straight to the heart The ring must be layed on the service booke I know not to what end except it be to sanctifie it in stead of that blessing and sprinckling with holy water which the Popish Priest used as may be seene in the Romane Rituall Then againe what sense can be made of these words with my body I thee worship One of a thousand doth not understand them their Pâ—elats have not explaned them The words of the Apostle Peter 1. Epi. 3. 7. giving honor to the wife as to the weaker vessell doe signifie onely honest care and follicitude and to beare with her infirmities she being the weaker vessell For honor after the Hebrew phrase is largely taken To give honor as to the weaker vessell and to worship her with the body is farr different as the word worship foundeth in our Language The Apostle 1 Cor. 12. 23. saith And those members of the bodie which we thinke to be lesse honourable upon these we bestow more abundant honour that is with greater carefulness we cover then wee doe other members But we are not to worship the members which are lesse honourable The Priest is appointed to say to God in his prayer that the ring is a token pledg of covenant made betwixt them If the ring had beene used onely at the contract as a civill rite it might have been comported with but to bring it into the Church I meane to divine service is either to prophane the same with civill ceremonies or pollute it with Popish and superstitious rites rather as these are For they were counted in time of poperie holy and religious rites of a holy Sacrament The married persons must