iurisdiction power is united and anexed to the crown from whence it is derived as from a source unto them and by law they are bound to make their proces and writings in the kings name and not in their own names and that their seals should be graved with the Kings armes as I have already declared in the first chapter It is true that they make processes in their owne name and use their own seals but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite in chiefe of the king their Episcopall power and jurisdiction is not changed for all that want of formalitie as before I have cleared out of Bishop Farrars answer Sir Edward Cooke in the 5. booke of his Reports doth prove That the Function and Iurisdiction of Bishops and Archbishops in England is by and from the Kings of England and concludeth that though the proceedings and progresse of the Ecclesiasticall Courts run in the Bishops name yet both their courts and lawes whereby they proceed are the Kings as M. Sheerwood in his Reply to Downam doth report So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King If ye will call that authoritie civill then actions of a spirituall nature are performed by a civill authoritie which is absurd But seeing this is impossible that civill authoritie can be elevated to so high a nature it must follow that it is truely spirituall power which is united to and derived from the possessor of the Crown I meane in the estimation of men and judgement of the Law howbeit in it selfe and by Gods Law it cannot be done It followeth therefore that all the Iurisdiction properly spirituall which the English Prelates doe exercise as Prelates is unlawfull how soever they have the warrant of mens Lawes It is but onely to save their own credite that they have set Downam Bilson and other their friends on worke to plead that Bishops are above Pastors jure divino by divine Institution which they are not able to prove Next is to be considered their sole authoritie which is censured by Sir Francis Bacon now Chancellour of England after this manner There be two circumstances in the administration of Bishops wherein I confesse I could never be satisfied The one the sole exercise of their authoritie The other the deputation of their authoritie For the first the Bishop giveth orders alone excommunicateth alone judgeth alone This seemeth to bee a thing almost without exemple in government and therefore not unlikely to have crept in in the degenerate and corrupt times We see that the greatest Kings and Monarches have their councell There is no temporal Court in any land of the higher sort where the authoritie doth rest in one person The Kings bench common pleas and the Exchequer are benches of a certain number of judges The Chauncellour of England â—ath the assistance of 12 masters of the Chauncerie The master of the Words hath 4 Councell of the court so hath the Chauncellour of the Dutchy In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour and the Barons The Masters of Requests are ever more then one The justices of Assize are two The Lord President in the Marches and in the North have Councell of divers The Starre Chamber is an Assembly of the Kings privie Councell aspersed with Lords spirituall and temporall So as in all the Courts the principal person hath ever either colleagues or assessours The like is to be found in other well governed kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will deny but the acts that passe by the Bishops iurisdiction are of as great importance as those that posse by the civill Courts For mens soules are more pretious then their bodies and so are their good names Bishope have their infirmities and have no exception from that generall malediction against all men living Vae soli nam si ceciderit c. Nay we see that the first warrant in spirituall causes is directed to a number Dic Ecclesiae which is not so in temporall matters And wee see that in generall causes of Church government there are as well assemblies of all the Clergie in councels as of the Estates in Parliament whence theâ— should this sole exercise of jurisdiction come Surely I doe suppose and I doe thinke upon good ground that ab initio non fuit ita and that the Deanes and Chapters were councells about the Seas and Chaires of Bishops at the first and were unto them a Presbyterie or Consistorie and medled not onely with the disposing of their revenues and endowments but much more in jurisdiction Ecclesiasticall But that is probable that the Dean and Chapter stucke close to the Bishop in matters of profit and the worlds and would not loose their hold But in matters of jurisdiction which they accounted but trouble and attendance they suffred the Bishops to encroch and usurpe and so the one continueth and the other is lost And we see that the Bishop of Rome fas est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall iurisdiction as in Consistorie And whereof consisteth this his Consistorie but of the parish priests of Rome which terme themselves Cardinals a Cardinibus mundi because the Bishop pretendeth to bee universall over the whole world And hereof againe we see divers shadowes yet remain in as much as the Deane and Chapter pro forma chooseth the Bishop which is the highest poynt of iurisâ—iction And that the Bishop when hee giveth orders if there be any ministers casually present calleth them to ioyne with him in imposition of hands and some other particulars And therefore that seemeth to me a thing reasonable and religious and according to the first institution that Bishops in the greatest causes and those which require a spirituall discerning namely the ordaining suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterward touched in sentencing the validitie of marriage and legitimations in judging causes criminous as Simonie incest blasphemie and the like should not proceed sole and unassisted which point as I understand is a reformation that may be planted sine strepitu without any perturbation at all and that is a mater which will give strength to the Bishops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish thiâ— strength given to your Bishops in Councell so that is not unworthy your Majestiesâ— royall consideration whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house which was then restreyned when the state of the Clergie was thought a suspected part of thâ— Kingdome in regard of their late homage to the Bishop of Rome
allegeance but not with the oath of supremacie for feare of troubling his tender conscience The statute of the supremacie was explained the same year of Qu. Elizabeths raigne in an admonition added to the injunctions as followeth That her Maiestie neither doth nor ever will challenge any other authority then was challenged and lately vsed by the noble kings of famous memory king Henry the 8. and king Edward the 6. which is and was of ancient time due to the Imperial crown of this Realme that is under God to have the soveraignty and rule over all manner of persons born within these her realmes dominions and countries of what estate soever they be either Ecclesiasticall or temporall so as no other forraigne power shall or ought to have superiority over them In this admonition the subjects are made to understand that her Maiestie did not claime power to minister divine offices in the Church as to preach the word and minister the sacraments They have been too simple who have construed the statute in such a sense For no wise man will thinke that kings and Queens will take upon them either the paines or worldly discredit to preach the word minister the sacraments intimate to the congregation the sentence of excommunication The statute doth make no mention of divine offices in the Church but of jurisdiction Ecclesiasticall which is and was in time of papistrie exercised at visitations and in Ecclesiasticall courts This explanation therefore of the admonition annexed to the Injunctions and ratified by Parliament in the fift yeare of Qu. Elizabeth derogateth nothing from the former statute but onely summeth it in more generall tearmes To challenge no more then was challenged and lately used by the noble kings of famous memory K. Henry 8. and Edward 6. is to challenge to be head of the Church to have all jurisdiction Ecclesiasticall flowing from the possessour of the Crowne as from the head and fountaine Mr. Fox in his Acts Monuments relateth that in the 34. of K. Henry the 8. it was enacted That the king his heirs and successors kings of that Realme shall bee taken accepted and reputed the onely supreme head on earth of the Church of England and shall have and enjoy annexed and united to the Imperiall crowne as well the title and stile thereof as all honours dignities preeminences iurisdictions priviledges authorities immunities profits and commodities to the sayd dignitie of supreme head of the same Church belonging and appertaining and that they shall have full power authority from time to time to visit represse redresse reforme and amend all such errors abuses offences contempts and enormities whatsoever they be which by any manner of spirituall authority or iurisdiction might or may lawfully be reformed repressed ordered redressed corrected or amended In a rescript of Edward the sixth it is thus written to Cranmer Archbishop of Canterburie Seeing all manner of authoritie and iurisdiction as well Ecclesiasticall as secular doth slow from our regall power as from a supreme head c. we give unto you power by these presents which are to endure at our good pleâ—sâ—re to give and promove to the sacred orders even of the Eldership or as they use to speake Priesthood any within your Diocie Anno 1. Edw. 6. cap. 12. an act was made That the Bishop should bee maâ—e by the Kings letters patents and not â—y election of Deane and Chapter and that they should make their proces and writings in the Kings name and not under their own names and that their seales should be the Kings armes This act repealed in the 1. of Queen Mary was revived in the 1. of K. James It was objected to Bishop Farrar in the dayes of the same yong king Edward that hee deserved deprivation because hee constituted his Chancellor by his letters of commission omitting the kings majesties stile and authority and that he had made collations and institutions in his owne name and authority without expressing the kings supremacie His answer was that howbeit there was some default of formalitie in the commission yet his highnes stile and authority was sufficiently expressed in the sayd commission Neither did the sayd Chancellor offer to visit but in the Kings name and authority to the sayd Bishop committed And as to the other poynt that hee made his collations and institutions in his owne name not by his own authority nor by any others save the kings authority expressing in them the kings supremacie with the Bishops own name and seale of office Whitgift sometime Bishop of Canterburie sayth We acknowledge all jurisdiction that any court in England hath or doth exercise be it civill or Ecclesiasticall to be executed in her Majesties name and right and to come from her as supreme Governour And againe in another place The Prince having the supreme government of the Realme in all causes and over all persons as she doth expresse the one by the Lord Chancellor so doth she the other by the Archbishops Dr. Bancroft who was afterward made Bishop of London and at last Bishop of Canterbury in a Sermon made at Pauls Crosse anno 1589. maketh her maiesty a petie Pope and assigneth unto her not some of the Popes power but all honours dignities preeminences iurisdictions privileges authorities profits and commodities which by usurpation did at any time appertaine unto the Pope belike relating the words of the act made in the 34. Henry 8. Our Bancroft Mr. Spottiswood pretended Archbishop of Saintandros at the pretended deposition of N. in the high commission sayd likewise I say unto you N. the king is now Pope and so shall be To be supreme governour in all causes Ecclesiasticall then is not onely to be an avenger with the sword as Bilson would make the Iesuits beleeve in his book of obedience but also to be judge in matters of errour and heresie superstition and idolatry and all other causes Ecclesiasticall and as a supreme governour to communicate this power to auy naturall borne subject In the Parliament holden at Perth anno 1606. where a number of the Nobility consented to the restitution of the Bishops to their 3 estate and old privileges that they might get the other prelacies erected in temporall Lordships it was declared in the second act That the whole estates of their bounden dutie with most hartie and faithfull affection humbly and truely acknowledge his Maiestie to be soveraigne Monarch absolute Prince iudge and governour over all persons estates and causes both spiritnall and temporall within his sayd Realme He is then not onely governour but judge also over all causes But the nature of the supremacie may be yet better conceived when we have taken a view of the particular rights of the supremacie and of the power granted to the high commission The Kings supremacie considered particularly consisteth either of things which are granted onely by statute or restored by statute as due of right to the Royall Crowne Granted first by
or else infamie arising upon the crime and make petent the ports of Ecclesiastical dignities to infamous men against the rule of the Law Infamibus portae ne pateant dignitatum The Prince granteth also dispensations either primarily by his Chancellour if the Archbishop refuse or secundarily confirming the faculties and dispensations granted by the Archbishop and so by dispensations may dissipate and wound at pleasure the Canons of the Church Now the Prince may dispense by their lawes in all causes wherin the Pope of Rome was wont to dispense of old The third sort of rights restored as due to the crowne which were not in use but since the Popes authority was driven forth concerne Benefices Ecclesiasticall and Dioceses in that the Prince may 1. enjoyne the Archbishop to confirme the election as also to consecrate the elected into the Bishopricke 2. to unite and consolidate or to divide lesser Benefices or Bishopricks which were before united 3. to grant a vacant Bishopricke or lesser Benefice in title of trust which they call a Commendam 4. to translate Bishops from one Bishopricke to another 5. of two which are nominated to choose one to be a Suffragane Bishop 6. to enlarge or contract the bounds and marches of any Diocie Election confirmation and consecration of Bishops were performed of old all at one time and that in a Synode of Bishops If the Prince may unite and enlarge Diocies and Parishes without the consent of those who have interest hee may make parishes Diocies and Diocies great Provinces The competent flockes for Pastors should bee measured by the Church who calleth them and knoweth best what burthen is most proportionable to their strength Bishops should not be translated at Popes or Princes pleasures as it often commeth to passe in our times The old Canons condemne this leaping from See to See Ambitious and covetous men cannot content themselves till they get either a fatter or more glorious Bishopricke Some are not content of one Bishopricke except they also get the commendam and custody of another They must not have two Bishopricks at once by the Canons yet heir a tricke one they may have in title of a Bishopricke another by way of trust and custody till it bee planted A man may not have two wives yet hee may have two women one as a wife another as a Lemman Some of them have keeped another Bishopricke in commendam sixteene or twentie yeares as the Bishop of Glocester was commendatare of Bristow Yea they may keepe this Lemman all their life time if it please the Prince to bestow a perpetuall commendam For commendams are not onely temporarie but also perpetuall whereas of old they endured onely for sixe moneths or some like short space They enrich themselves not onely with Commendams of other Bishoprickes but also when that cannot be had with the commendams of fat parsonages and lesser benefices The Diocesan Bishop hath a greater taske then hee can commodiously expede or else because hee is a loytering Lord he must have a suffragane Bishop to exercise some pontifical parts of his office in some part of the Diocie and disburthen him that farre This Suffragane Bishop is to be chosen by the Prince out of the Leits of the two presented by the Diocesan Bishop according to the statute made 26. Henr. 8. cap. 14. Translating of Bishops erecting and changing of Bishops Sees union of Bishoprickes enlarging of Diocies were in time of Poperie Papall cases reserved for the Pope of Rome We say then that the Prince as supreme head and governour of the Church of England is supreme judge in matters of heresie simonie idolatry and all causes whatsoever hath all maner of spirituall jurisdiction united to the crowne may commit the exercise and execution of the same to others also so that they bee naturall borne subjects may conferre benefices and consequently give Pastors to flockes may choose Bishops without Dean and Chapter receive appellations abbrogate canons abolish infamie and restore the infamous to dignities grant dispensations in all causes where the Pope was wont to dispense give Bishoprickes and lesser benefices in commendams enlarge contract unite divide Diocies c. And this hee may whether he be a Christian or not so that he be righteous possessour of the Crowne for all the particulars above rehearsed are sayd to be due of right to the crowne so that true or false Christian or infidell male or female man or child have all alike right What is due to the Christian Magistrate is due indeed to him not because he is a Christian but because he is a Magistrate A Christian Prince doth understand better how to use his righteous power then the infidel but hee can claime no further authority then the infidell and his power is onely cumulative as I have sayd not privative Now whether the particulars above rehearsed belong to any Prince whatsoever be he true or false Christian or infidell I think him too simple that cannot judge CHAP. 2. Of the High Commission THE High Commission is called commission of jurisdiction in causes Ecclesiastical it is called the high commission by the favourers of it to strike a greater terrour in the hearts of subjects The commissioners are partly civil partly Ecclesiasticall persons as the Archbishops certaine other Bishops Deanes Archdeacons Chancellours some of the secret counsell and of the chief Iudges Courtiers Aldermen sometime the Lieutenant of the Tower the Post-master and others making up a great number But it is not requisite that all these whose names are set down in the kings letters patents should be present at every Session to make up a full judicature but power is given to any three of the number the Archbishop being alwayes one As with us are nominated and appoynted by the Kings letters patents to the number of fortie or fiftie persons Bishops Counsellors Noble men Barons Commissaries Ministers yet power is given to any five of them to make up the full judicature the Archbishops of Saintandros and Glasgow or any one of them being of the number of the five alwayes And as with us so there also graue Counsellours and Iudges and other of honorable respect may well be desired to be present when an incestuous person or some other maâ—efactor is brought before them that their countenance at one time or other may bring credit to their great authority But when a minister or any other godly professour is to bee troubled for nonconformity or writing against crossing and kneeling or having or spreading of bookes touching reformation of abuses and corruptions in the Church then are they not desired lest being present they should perceive the mysteries of their iniquitie by which they uphold their pompe and Lordly Domination If there be a courtier or new upstart that favoureth them or dare not controll them hee may well be advertised to be present The Archbishop hath power to associate unto himselfe any two nominated in the Kings letters parents whether they bee
authorised by the statute whereupon the Commission is founded which I have set down in the beginning of the first chapter For it was ancient jurisdiction Ecclesiasticall which was restored to the Crown in that act and meant to be executed by the Commissioners as Nicholas Fuller avowed in the defence of his Clients But to fine imprison and force any person to accuse themselves upon their own enforced othes their being no accuser known nor accusation libelled he proved was not ancient jurisdiction Ecclesiasticall but brought in in the second yeere of â— Hen. the 4. In the record of the worthy proceedings of the House of the Commons at the Parliam holden 1610 we have this greivance Secondly for that whereas by the intention and words of the sayd statute Ecclesiasticall jurisdiction is restored to the Crowne and your highnessly that statute inabled to give onely such power Ecclesiasticall to the sayd Commissioners yet under colour of some words in that statute whereby the Commissioners are authorized to execute their commission according to the tenour and effect of your â—ighnesse letters patents and by letters patents grounded therupon the sayd Commissioners do fine and imprison and exercise other authority not belonging to the Ecclesiasticall jurisdiction restored by that statute which wee conceive to bee a great â—â—rong to the subjects Aud that these Commissioners might as well by colour of these words if they were so authorized by your Highnesse letters patents fine without stint and imprison without limitation of time as also according to will and discretion without any rules of law spirituall or temporall adiudge and impose utter confiscation of goods forfeiture of lands yea the taking away of limme and of life it selfe and this for any matter whatsoever pertaining to spirituall jurisdiction Which never was nor could bee meant by the makers of that law To fine and imprison at pleasure are punishments belonging to the temporall sword which Christ hath forbidden his Apostles and all Pastors their successors to use The weapons of their warfare are not carnall but spirituall Christ committed unto them keyes not swords In very deed there is no crueller beast nor more tyrannous then a degenerate Churchman Hee is more insolent and outragious with the Dative sword then Princes are with the Native Why should they not be like their eldest brother that bloody beast of Rome Degenerate Clergimen will either usurpe the power of the temporall sword or take it when it is offered but â—ver abuse it The three commissioners may inflict spirituall censures and punishments as suspension deprivation deposition excommunication They may call for a Priest comand him to denounce and declare in some Cathedrall Church or other publick place the offender to bee excommunicated but they enquire cognosce decerne and pronouuce the sentence of excommunication in their Court and the excommunicate may be denounced long after and howbeit the Priest should pronounce the sentence in judgement yet he should bee onely like the dempster that pronounceth the doome or like the hangman or poore slave directed by the judge hee neither inquireth cognosceth nor decerneth Yet if ye think the coÌ„missioners may excommunicate because the Archbishop is present ye are deceived for his power in the high commission is not Episcopall nor Archiepiscopall but delegate onely from the Prince which other assessours not Bishops have as well as he and by this delegate power he with his two associates as I have sayd may inflict this censure upon any subject within England or Ireland which hee cannot doe as Bishop or Archbishop for their jurisdiction ordinary is limited within the bounds of their Diocie or Province When Spottiswood pretended Archbishop of Saintandros was but a rurall minister in Calder and Law of Glasgow a rural minister at Kirkliston possessing onely the rents of Bishoprickes not authorized as yet with the office of Bishops for that pretended Assembly of Glasgow was not yet convocated yet were they armed with power to decern excommunication against any subject within our Realm to command the minister of the offender to proceed against him and if he refused to suspend deprive or ward him They were thus armed immediatly before that pretended assembly with power of warding â—ining imprisoning suspending degrading and decerning excommunication without the consent of the Church or approbation of the Estates that they might wring out of the hands of the Kirke at that corrupt and pretended Assembly EpisEpiscopall jurisdiction which many times they protested never to usurp before and without the free consent of the Church obtained thereunto O perfidious violence What we have said of excommunication may be likewise said of suspension deprivation and deposition The Archbishop doth not suspend or deprive as Archbishop but as the Kings Delegate Iudge and Commissioner by which power he may suspend or deprive Ministers out of the bounds of his ordinarie jurisdiction which no Bishops or Archbishops may doe by their ordinarie power We had a late example in our own Archbishops about two yeares since for when Mr. Spotiswood was at Court Mr. Law pretended Archbishop of Glasgow suspended Mr. Blyth and Mr. Forrester from their ministerie which he could not doe as Archbishop for they were neither within his Diocie nor his province He did it then as head of the Commission sitting for the time that is by a delegate power from the King To let passe that at that same vile Assembly no mention was made of Archbishops and paction was onely made with these men who had the benefices for which vulgarly they were called Bishops that excommunication suspension deprivation and deposition should not be coÌ„cluded without theÌ„ not that they might suspend deprive excommunicate by themselves and at their pleasures in the high Commission or any where else but according to the damnable Canons made by that wofull but pretended and null Assembly Farther the Prince may inable one or moâ— lay men with this same commission wihout mixture of Ecclesiasticall persons It is then an extraordinary power wherewith they are inabled by the Prince to suspend depose and excommunicate But the Prince hath not this power himselfe and therfore by no right of Gods law may he communicate this power unto them and it is a proud usurpation over the Church to them to receive it or exercise it In the Parliament holden 1592. some acts which were made in that turbulent time of the 1584 yeare were repealed as followeth Item our Soveraigne Lord and Estates of Parliament foresayd abrogates cassis and annulls the act of the same Parliament holden at Edinburgh the sayd yeare 1584. granting commission to Bishops and other iudges constitute in Ecclesiasticall causes to receive his highnesse presentations to benefices to give collation thereupon and to put order in all causes Ecclesiasticall which his Maiesty and estates foresayd declares to be expired in the selfe and to be null in time comming and of none availe force nor effect Not withstanding of this repealed commission our
the bounds of the Roman Empire the governours framed the government according to the forme of the Empire and made degrees in the Church like to degrees in the common-wale They intended not to set up the Antichrist but being led partly with carnall wisedome partly with ambition and vainglory wittingly and willingly did that which brought in the Antichrist and so the mysterie of iniquity which began to work in the Apostles time wrought on still till Antichrist come to his full strength and perfect age While they were framing degrees according to the fashion of the Romane Empire first Bishops then Metropolitanes then Primates then the foure great Patriarches they were but forming the second beast according to the image of the first beast and the Bishop of Rome one of the foure Patriarches became the head Neither was the Bishop and Metropolitan so great in power before the Antichrist come to his perfect age as they were after and have been ever since even to this day They hatched him and he hath rewarded them with greater authority and power But giving and not granting the Diocesan Bishops to bee of divine or Apostolicall institution we will in this chapter onely let you see the Archbishops unlawful superiority over them Persons having lesser ample administration having eyther iudiciall administration or administration not iudiciall eyther constitute by law or introduced without law constitute by law as the administration of the ordinarie Iudges They doe execute it under the Prince either in their owne name or the name of others In their owne name as Bishops so called either with addition as Archbishops or simply Bishops Archbishops being in England two Canterburie and York are considered eyther in respect of their peculiar Diocies in all respects as other Bishops or in respect of the whole province according to the place which they hold eyther in the ecclesiasticall state or the civill In the ecclesiasticall estate eyther according to the place which they hold cōmon to both the Archbishops or that which is peculiar to Canterburie According to the place which is common they are to be considered eyther as in their ordination or as after their ordination In the ordination it selfe it is to be considered that if they the Archbishops haue not been heretofore Bishops they must be consecrated by some Bishops If they haue been Bishops then their election onely is cōfirmed by some Bishops Metropolitanes were chosen confirmed and consecrated of old not by some but by the whole Synode of the comprovinciall Bishops But the English Bishop have no Provinciall Synods to any such purpose They have neither the Discipline prescribed in Gods word nor the Discipline of the old Bishops and Metropolitanes but the Discipline and policie which was in use in the time of greatest darknesse under the Antichrist Here also wee see a signe that they make the Bishop and their Priest of a different order For a Priest when he is made a Bishop must receive a new consecration But a Bishop when hee is made an Archibishop is not consecrated of new howbeit hee bee in degree of power and jurisdiction above other Bishops After ordination they are to be considered either as Metropolitanes or as Archbishops or as Primates or as lesser Patriarches The English Metropolitanes have onely Bishops under them yet sayth Mucket they enjoy the titles and discharge the functions of Archbishops and Primates also Metopolitans at the first were not called Archbishops as I have sayd but the Patriarches greater and lesser onely to whom appellation was made from the Metropolitane But when Metropolitanes began to receive appellations then this proud stile descended to them also as we will see incontinent that as Bishops they received appellations They will extoll the wisedome of the ancients in framing degrees in the Church and yet they themselves confound these degrees and offices and make one man to bee a Metropolitan an Archbishop and a Patriarch Many degrees were made to the Pope to climm up to his throne that beeing done then was there confusion againe We have this confusion then out of Babylon As Metropolitanes 1. in confirming the elections of the Bishops of his Province 2. in consecrating these Bishops together with other two Bishops By the auncient Canons it was ordained that all the Bishops of the Province should assemble to the election confirmation and consecration of the Bishop also and the Metropolitan was present with the rest as one of the number and moderator onely of the convention and the action was common The Bishop of Spalato confesseth that by divine law one Bishop hath no greater right to consecrate another Bishop then another hath By their own book of orders it is not needfull that the Archbishop consecrate a Bishop but an inferiour Bishop may do it for him yet a Bishop may not suffer a minister to ordaine or say handes one a minister for him How can they then bee so shamelesse as to say that Archbishops bee of divine institution if another may consecrate a bishop as well as hee whether it bee with his consent or without it Abbots who have been but simple Priests have of old ordained bishops without either commission or consent of Archbishops as Beda restifieth Of the forme and rites of their consecration wee shall entreat in the next Chapter This that they call consecration of Bishops was not known to the purer Church The ministers chose one of their number to bee a perpetuall moderator of the common actions and called him Bishop as at Alexandria where he was first hatche◠and made at the first but onely perpetuall president and this was all 3. In convocating Provinciall Synods according to the Kings rescript 4. in moderating Synods and giving the last voyce Their Provincial Synods are not like the provincial Synods which wee wont to have For ours were but Synods of Shires 4 5 or 6 classicall Presbyteries assembling together twice in the yeare But their Provinciall Synode is a Synod of the Bishops of one Province All the Diocies of the Archbishop and of his suffragane or comprovinciall Bishops which are under him make but one province And seeing they have onely two Archbishops they can have but onely two Provinciall Synods The Metropolitane convocateth the Provincial Synod upon the Princes letter which happeneth very rarely If the Prince direct his letter to any Bishop as sometime hee hath done what need is there of a Metropolitan For they say we cannot have Synods unlesse we have Metropolitanes to convocate them and this is a chiefe part of his function If so be why doth he not exerce his function without a particular letter of the Prince as well as the Bishop doth in convocating his Diocesan Synod If that be a part of his ordinary power to him as this to the other why doth it depend on the Princes letter and how dare a common Bishop take upon him notwithstanding of the Princes letter that which of office apperteineth to the
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
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
of 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
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
What is there obtained without paying a fee They have fees for excommunication for absolution for institution and induction for letters of sequestration relaxation for licences to preach for subscription of a testimoniall for commutation of pennance for licence to marry without bannes c. The judgement it selfe in which is to be considered 1. the calling for the parties to law 2. Litis contestation 3. cognition of the cause 4. the sentence 5. such things as follow the sentence as execution or appellation These things are common to every court of contentious or litigious jurisdiction Here is to be observed that such a litigious kinde of pleading for things civill and temporall becommeth not the Church of God Nos scimus sayth the Bishop of Spalato quia 1. Cor. 11. contentioneâ— faciendi Ecclesia Dei consâ—etudinem non habit nisi postquam facta est pâ—ne tota temporalis pervenerint ad papatum inquieti theologiae expeâ—â—â— juristae Here also is to be remembred the longsomnesse of Ecclesiasticall suits depending in their Courts Now the Iudge Register Advocaâ—t Proctor are all agreed to prolong suits for their advantage and so as the Prophet sayth they wrap it up Mich. 7. 3. sayth the Defender of the last petition Where he doth also insinuate that suits have been prolonged aboue two yeares in their consistories Wee have seene what civill causes and after what manner they are handled Criminall causes are brought in judgement either by accusation when there is one to accuse or by denunciation as when the Churchwardens make their presentments into ther courts twice in the year and at the visitations or by inquisition when the judge of office doth inquire into offences What are the offences and crimes punishable in Ecclesiasticall Courts and what are these which they chiefly search out and punish we have declared in the table of Visitation CHAP. 5. Of Archdeacons Chancellors Commissaries Officials and Vicars generall NOW followeth the jurisdiction exercised by the Bishops Deputies and Archdeacons whereunto I will premit the rest of Sir Francis Bacon now Lord Chauncellour his censure For the second poynt which is the deputation of their authoritie I see no perfect and sure ground for that neither being somwhat different from the examples and rules of government The Bishop exerciseth his jurisdiction by his Chauncellor and Commissary Officialls c. We see in all lawes of the world officer of skill and confidence cannot be put over or exercised by Deputie except it bee specially contained in the Originall granted and in that case it is dutifull There was never any Judge in any court made a Deputie The Bishop is a Iudge and of a high nature Whence commeth it that he should depute considering that all trust and confidence as was sayd as personall and inherent and cannot and ought not to bee transposed Surely in this againe Ab initio non fuit ita But it is probable that Bishops when they gaue themselves too much to the glory of the world and became Grandoes in kingdoms and great Counsellors to Princes then did they delegate their proper iurisdictions as things of too inferiour nature for their greatnesse and then after the similitude of kings and Count Palatines they would have their Chauncellors and Iudges But that example of Kings and Potentates giveth no good defence For the reasons why kings administer by their Judges althoâ—gh themselves are the supreame Iudges are two The one because the offices of Kings are for the most part inheritance and it is a rule in all lawes that offices of inheritance are rather matters that sound is interest then in confidence forasmuch as they may fall upon women upon infants upon lunatickes and Idiots persons not able to exercise Iudicature in person and therefore such offices by all lawes might ever bee administred by delegation The second reason is because of the amplitude of their iurisdiction which is as great as either their birthright from their Aunâ—estours or their sword-right from God maketh them And therefore Moses that was governour over no great people and those collected together in a campe and not scattered in Provinces and Cities himselfâ— lâ—kewise of an extraordinarie spirit was neverthelesse not able to suffice and hold out in person to iudge the people but did by the advice of Ieâ—hro his father in law approved from God substitute Elders and Iudges how much more other Kings and Pâ—inces There is a 3 reason likwise not much from the present purpose and that is that Kings either in respect of the common-wealth or of the greatnesse of their own patrimonies are usually parties in suits and then their Iudges stand indifferent betweene them and the subiect But in the case of Bishop none of these reasons hold For first the office is Eâ—ective and for life and not patrimoniall or hereditarie An office worthy of science confidence and qualification And for the second reason it is true their jurisdiction is ample and spacious and that their time is to bee divided between their labours as well in the word and doctrine as government and iurisdiction But I doe not see supposing the Courts to be used uncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Bishop might very well for causes of moment supply his iudiciall function in his owne person For wee see before our eyes that one Chauncellour of England dispatcheth the suits in equitie of the whole kingdome which is not by reason of the excellencie of that rare honourable person who now holdeth that place but it was ever so though more or lesse burthenous to the suiter as the Chauncellour was more or lesse able to give dispatch and if heed bee taken to that which was sayd before that the Bishops labour in the word must take up a principall part of his time so I may say againe that matter of state have ever taken up most of the Chauncellours time having been for the most part persons upon whom the Kings of this Realme have most relied for matters of Counsell And therfore there is no doubt but the Bishop whose circuit is lesse ample and the causes in nature not so multiplying where the helpe of references Certificates to and from fit persons for the better ripening of causes in their neere proceedings and such ordinary helps incident to jurisdiction may very well suffice his office Yet there is another helpe for the causes that come before him are those tithes legacies administrations and other testamentarie causes causes Matrimoniall accusations against Ministers tending to their suspension deprivation or degrading Symonie incontinencie heresie breach of Sabboth and other like causes of scandall The first two of these differ in mine opinion from the rest that is tithes and testaments for those be matters of profit and in their nature temporall though by favour and connivencie of the temporall jurisdiction they have beene allowed and permitted to the Court Ecclesiasticall
de accusat c. 1. in glossa and is ordained to this speciall end that hee suplieth the Bishops jurisdiction and office in the out places of the Diocie or else in such parishes as be peculiars to the Bishop and exempted from the iurisdiction of the Archdeacon For where either by prescription or composition there bee Archdeacons that have iurisdiction within their Archdeaconries as in most places they have there this commissarie is but superfluous and most commonly doth rather vexe and disturbe the countrey for his lucre then of conscience seeke to redresse the lives of offenders And therefore the Bishop taking praestation money of his Archdeacons yearly pro exteriori jurisdictione as it is ordinarily called doth by superonerating their circuit with a Commissarie not onely wrong the Archdeacon but the poorer sort of subiects much more as common practise daily teacheth to their great woe The Bishops Chauncellour and Commissarie and the Archdeacons official are all three termed officialls in the canon law the Chauncellour the principall officiall the Commissarie Officialis foraneus the third the Archdeacons officiall or by the generall name of officiall In the lawes and statutes of England the first is called Chancellour the second Commissarie the third by the generall name of Officiall The name of Chauncellour in this sense is not so ancient as that of Officiall sayth D. Field and that in a generall signification it is used for any one that is employed for the giving of answer to sutors for keeping of records and notes of remembrance and generally for the performance of some principall duties pertaining to him whose Chauncellour he is sayd to be The principall officiall that is the Chauncellour howbeit he be but onely a Deputie yet by fiction of the law when hee cognosceth any cause hee is interpreted to bee but one person with the Bishop and to make but one consistorie with him So that howbeit the Bishop be not present there yet it is his consistorie Such fictions of law have been made by cosening and deceitfull Prelates to deceive the world And therefore say the Canonists there lieth no appellation from the principall Officiall to the Bishop but to the Archbishop yet from the Commissarie who is Officialis foraneus there lieth appellation Regularly appellation also may be made from the Archdeacon and other inferiour Prelates to the Bishop sayth Canisius unlesse the custome of the countrey hath brought in another order The Archdeacon hath a certaine circuit of the Diocie wherein he exerciseth his office and iurisdiction For everie Diocie is divided into certain Archdeaconries comprehending about the fourth part of the Diocies if they be great Diocies But if they be lesser Diocies they haue but one Archdeacon as Canterburie Rochester Glocester Bristow Worcester c. The Archdeacon by vertue of his degree and order hath no jurisdiction but onely by prescription of time that is a papall custome which is yet retained in the English Church In Hieroms time at Rome the Deacons began to exalt themselves above Ministers against which usurpation evil custome of the Church of Rome he inveigheth with great vehemencie as a thing unsufferable that the ministers of tables and to widowes should be lifted up with pride aboue the minister of the word and sacraments and opponeth to the custome of the church of Rome the custome of all the churches in the world And yet the old corruption of that one church wherin ther institutions ye see if they were excellent hath spread over the whole church and grown to a great height So that the Archdeacons will not sayth Mr. Cartwright take the best Ministers of the church as their equalls They are called Archdeacons not of one particular Church but of a whole shire whereas Deacons were appoynted in several churches It is true that many of their Archdeacons are also ministers but yet they exercise their iurisdiction over a whole shire ministers and others within the bounds of their Archdeaconrie not as Ministers but as Archdeacons When the Bishop should have visited his Diocie and inquired into needfull reparations of the church and what other things were out of order hee sent his chiefe Deacons to visit for him At the first they were sent onely to visit and make report but not to sententiate in any mans cause sayth D. Field or to meddle with the correcting and reforming of any thing but afterwards in processe of time they were authorized to heare and determine the smaller matters and to reforme the lighter and lesser offences Hence in time it câ—me that Archdeacons much used by Bishops as most attendant on them in the visitation of their churches and reforming small disorders at length by prescription claimed the correction of greater things at having of long time put themselves into the exercise of such authoritie So the Archdeacons in the end became greater then the Deanes let bee common Ministers The lazie Bishop sent his Deacon to enquire into the life and conversation of the Clergie and Ministers which was not his office yet ye see from what a small beginning he is risen to so great a height It is dangerous to depart from the right paterne shewed upon the mount Againe to make a Preacher of the word a Deacon is to conioyne these two offices which the Apostles did separate Archdeacons then almost through all England by papall prescription have jurisdiction within their bounds and power to visite to inquire into offences to receive presentments to punish with ecclesiasticall censures to substitute officialls to supply their roomes in their Consistories whereby it hath happened that the subjects haue been molested for one and the selfe same fault by the Bishops Chauncelours and the Archdeacon or his officiall In a Canon lately made anno 1603 they haue transacted the matter so that they shall not medle with the presentments received at others visitations how the transaction is kept I cannot tell It is to be observed that Chauncelours and officials are Civilians Ministers doe sometime also beare these offices but utterly ignorant in these faculties For these Courts being confused Courts wherin matrimoniall testamentarie and other causes of temporal matters are handled not belonging to ecclesiasticall cognisance no wonder the Minister be ignorant in them But on the other part it were a shame if a Civilian should know better how to deale with an offender and to bring him to repentance Againe what a grosse absurditie and intolerable abuse is it in the Church of God that Chauncelours Commissaries officialls being Civilians should meddle with the censures of the Church The Bishop hath vendicate to himself the whole power of excommunication and then he transferreth this his power by a generall commission to another which he may not lawfully doe no not to a minister far lesse to a Doctor of the Civill lawe whom he appointeth to be his Chauncelour or the Archdeacon to him whom hee appoynteth to bee his Officiall They
to 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
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