The humble PETITION OF THE MINISTERS Of the Church of England desiring Reformation of certain Ceremonies and abuses of the Church with the ANSWER Of the Vicechancelor the Doctors both the Proctours and other the Heads of Houses in the Vniversity of OXFORD Printed Anno 1641. To the Kings most Excellent Maiestie The humble Petition of the Ministers of the Church of England desiring Reformation of certain Ceremonies and abuses of the Church MOst Gracious and dread Sovereigne seeing it hath pleased the divine Majesty to the great comfort of all good Christians to advance your Highnesse according to your just title to the peaceable government of this Church and Commonwealth of England wee the Ministers of the Gospell in this Land neither as factious men affecting a popular Paritie in the Church nor as Schismaticks ayming at the dissolution of the State Ecclesiasticall but as the faithfull servants of Christ and loyall subjects to your Majestie desiring and longing for the redresse of divers abuses of the Church could do no lesse in our obedience to God service to your Majesty love to his Church then acquaint your Princely Majesty with our particular griefs For as your Princely pen writeth The King as a good Physician must first know what peccant humours his patient naturally is most subject unto before hee can begin his cure And although divers of us that sue for Reformation have formerly in respect of the times subscribed to the book some upon Protestation some upon exposition given them some with condition rather then the Church should have beene deprived of their labour and Ministery yet now we to the number of more then a Thousand of your Majesties Subiects and Ministers all groaning as under a common burden of humane Rites and Ceremonies do with one joynt consent humble our selves at your Majesties feet to be eased and relieved in this behalf Our humble suit then unto your Maiesty is that these offences following some may be removed some amended some qualified 1 In the Church Service That the Crosse in Baptisme Interrogatories ministred to Infants Confirmation as superfluous may be taken away Baptisme not to be ministred by Women and so explaned The Cap and Surplice not urged That examination may goe before the Communion That it be ministred with a Sermon That divers terms of Priests and Absolution and some other used with the Ring in Marriage and other such like in the book may be corrected The long-somnesse of service abridged Church-songs and Musick moderated to better edification That the Lords day be not prophaned The rest upon Holydayes not so strictly urged That there may be an uniformity of doctrine prescribed No Popish opinion to be any more taught or defended No Ministers charged to teach their people to bow at the Name of Jesus That the Canonicall Scriptures onely be read in the Church 2 Concerning Church Ministers That none hereafter be admitted into the Ministery but able and sufficient men and those to preach diligently and especially upon the Lords day That such as be already entred and cannot preach may either be removed and some charitable course taken with them for their reliefe or else to be forced according to the value of their livings to maintain Preachers That Non-residency be not permitted That King Edwards Statute for the lawfulnesse of Ministers marriage be revived That Ministers be not urged to subscribe but according to the Law to the Articles of Religion and the Kings Supremacy onely 3 For Churchlivings and maintenance That Bishops leave their Commendams some holding Prebends some Parsonages some Vicarages with their Bishopricks That double-beneficed men be not suffered to hold some two some three Benefices with Cure and some two three or foure dignities besides That Impropriations annexed to Bishopricks and Colleges be demised only to the Preachers Incumbents for the old Rent That the Impropriations of Laymens fee may be charged with a sixt or seventh part of the worth to the mayntenance of the preaching Minister 4 For Church Discipline That the Discipline and Excommunication may be administred according to Christs own institution Or at the least that enormities may be redressed As namely That Excommunication come not forth under the name of lay persons Chancellours Officials c. That men be not excommunicated for trifles and twelve peny matters That none be excommunicated without consent of his Pastor That the Officers be not suffered to extort unreasonable fees That none having jurisdiction or Register places put out the same to farm That divers Popish Canons as for restraint of marriage at certain times be reversed That the longsomnesse of suits in Ecclesiasticall courts which hang sometime two three foure five six or seven years may be restrained That the Oath ex Officio whereby men are forced to accuse themselves be more sparingly used That licenses for mariage without Banes asked be more cautiously granted These with such other Abuses yet remayning and practised in the Church of England we are able to shew not to be agreeable to the Scriptures if it shall please your Highnesse further to heare us or more at large by writing to be enformed or by conference among the learned to be resolved And yet we doubt not but that without any farther processe your Majesty of whose Christian judgement we have received so good a tast already is able of your selfe to judge of the equity of this cause God wee trust hath appointed your Highnesse our Physician to heale these diseases And we say with Mordecay to Hester who knoweth whether you are come to the Kingdome for such a time Thus your Majesty shall do that which we are perswaded shall be acceptable to God honorable to your Majestie in all succeeding ages profitable to his Church which shall be thereby encreased comfortable to your Ministers which shall be no more suspended silenced disgraced imprisoned for mens traditions and prejudiciall to none but to those that seeke their own quiet credit and profit in the World Thus with all dutifull submission referring our selves to your Majesties pleasure for your gracious answer as God shall direct you we most humbly recommend your Highnesse to the divine Majesty whom we beseech for Christ his sake to dispose your royall heart to doe herein what shall be to his glory the good of his Church and your endlesse comfort Your Majesties most humble Subjects The Ministers of the Gospell that desire not a disorderly Innovation but a due and godly Reformation The Answer of the Vicechancelor the Doctours both the Proctours and other the Heads of Houses in the Vniversity of OXFORD To the Petition of the Ministers of the Church of England desiring Reformation In their Petition there are three principall parts 1 A Preface 2 A Complaint consisting of foure speciall points In every of them they desire that certain Ceremonies and Abuses may be some of them removed some amended some qualified 3 A Conclusion For answer whereunto 1 In Generall WE most humbly beseech his
the Authority and Jurisdiction of the Bishop or some other chiefe Clergy-man to whom the power of the Keyes doth belong and unto whom the Church of England hath assigned the execution of that part of our Discipline Who if they use the advise and Ministery of a wise and religious Civilian in decreeing who is to be excommunicate whereupon those f Perpetuall govern of the Chu pa. 320. outward penalties doe ensue which attend the authority and follow the sentence of Excommunication in this Church Common wealth how doth that in any wise violate Christs institution as touching excōmunication Lastly if the Discipline they long for were once on foot among us we should then heare tell of certaine Lay-Parsons that ought to have a principall hand in their excommunications Thus as they are weake in judgment for matter of learning in this point not being able to resolve of any thing in certaine so are they as partiall in prescribing their plots for matter of practise whiles they reprove that in others which in themselves they doe allow Except peradventure they will tell us and we must needs beleeve them that their Lay-Elders become Clergy men ipso facto because they are of their Consistory have voyces according to their learning in these Ecclesiasticall censures 2 That none be excommunicated for g The order of Excom c. in the Church of Scot. Printed June 1571. Cap. 4. Thus any small offence may justly descrve Excommunication by reason of the contempt disobedience of the offendor trifles and twelve penny matters They are not Contempt is then the greater when the matter wherein they shew their contempt is of lesser valew As contrariwise obedience is then more commendable when it is seen in a matter of greater difficulty But these men are so accustomed to disobedience that they account it but a trifle And therefore calumniate us and our discipline as if with us men were excommunicated for trifles when in truth they are censured for their contempt 3 That none be excommunicated without consent of his Pastor Without consent is a captious tearm For in our understanding the Minister of the Parish doth give his consent when he publisheth the excommunication as also when he doth certifie what he hath done in denouncing the same And this manner of consent we take to be sufficient and as much as is requisite in a private Pastor that hath no Jurisdiction But what is it that these men doe meane Would they thinke you that every Pastor should have a Negative in the excommunicating of his Parishioners Undoubtedly they would threby intending the utter overthrow of the present Church government and in steed thereof the setting up of a Presbitery in every Parish Or rather that which is worse if worse may be the enabling of every particular Pastour to Excommunicate by himselfe h Perpetuall government of the Church pag. 321. alone Except peradventure they will say that the particular Pastor ought to be joyned in cōmission with the Chancelour And then behold what would ensue On the Minister a world of troubles he must be sent for as oft as any of his parish is presented he must attend the hearing and debating of the whole cause he must be present as oft as the Chancellor sitteth as long as the matter dependeth to his great travaile and pains his excessive charge and the causlesse neglect of his calling On the other side if this Minister will be wilfull and in fine dissent from the Chancelor in opinion then is all the labor lost the Judge hath spent his skill and care in vain and the Bishops Consistory must down to the ground either Pastor must prevaile or nothing must be done To the intollerable hinderance of Justice and excessive detriment of the plaintiffe These and the like are the well advised Propositions wherof there is store in their Discipline By which it doth sufficiently appeare that as yet it is not throughly refined 4 Extorting of unreasonable fees who approveth Who disliketh not Who would not have it redressed in any that offend Besides there are very i Constit Eccl. 1597. cap. de Feodisquae off Eccles severe laws already made in that behalfe 5 Farming out of Jurisdictions and Registers places though we commend it not nor greatly like of it yet it is of it self a matter indifferent neither good nor ill but as it is used 6 The restraint of Mariage at certaine times falsely called a Popish Canon was k Consil Laodi Can. 52. anciently used in the Church of God and being rightly understood is now commendable in this of ours 7 The Long-somnes of Suits in Ecclesiasticall Courts is a matter of fact not of Constitution nor is the fault of the Court nor of the Judge necessarily as these men would seem to imply but sometime error in pleading sometime the intricatenes of the cause somtime the perversenesse of the Clyent sometime the cunning of the Proctors are the occasion that suits depend long And when all is said that they can say this is none other fault than is incident to the course of Justice at the Common Law and might befall their Consistory or a better and more equall kind of triall 8 The Oath ex officio is used as it ought by men of place of wisdome and experience by men of Religion learning and conscience Unto whom the authority to administer it as occasion is offered doth justly belong not by speciall Commission only but by the laws of this land by the two Laws Canon and Civill and by the warrant of sundry examples of the word of God as that worthy and learned Dean of the Arches the ornament honor of his profession in his time in his judicious l The Apolog. 2 part Cha 9. and so sorth to the end of the same Apology of certain proceedings in Courts Ecclesiasticall doth prove at large 9 Licenses for Mariage without Banes are most cautiously granted and that upon m Const Eccl. 1597. cap. de moder indulg severe punishment to ensue if so be the Constitution be violated But what will satisfie these men who thus intimate unto his Highnesse that there is rigor in the former point and negligence in this when as all moderation and carefulnes is used in them both And are not these heynous enormities Their Conclusion THe ilde vaunt that the Petitioners make of being able to shew that these and other such abuses as they call them remaining and practised in the Church of England are not agreeable to the Scriptures doth appeare to be the more ridiculous because they have passed over in deep silence many learned n The perpet gover of Chri. Chur. Asurvey of the pret holy disc The answer to the Abstract The Apol. of certain proceed in Court Eccle. A treatise of Eccles Discip De Presbyt ejusque nova c. De div Minist Evan. grad c. The Remonstrance Querimonia Ecclesiae The 5 books of the
most excellent Majesty that it may be considered how inconvenient and unsufferable it is in Christian policie to permit a long and well setled state of government to be so much as questioned much more to be a Ipsa mutatio consuctud nis ctiam quae adjuvat utilitate novitate perturbat August ad I anuar ep 118. cap. 5. altered for a few of his subjects especially considering the matter pretended to be the cause of these mens grief and of their desired Reformation unjustly so called For it is either the Ceremonies of the Church or Abuses in the Church as they alleage Wherein wee humbly recommend to his Princely remembrance First concerning Ceremonies that they are either superstitious and then no ways to be admitted Of which sort it should seem by the Petitioners and we are ready to prove that the Ceremonies of our Church are not Because these men confesse that in respect of the times they did subscribe unto them or if they were such with what coÌ„science did they subscribe in respect of the times Or else things in themselves indifferent And then the supream Christian Magistrate hath lawfull b Melan. in 13 ad Rom. Peccatum mortale est violare edicta Magistrat c. Heming in Syntag c. de Adiaph Qui violat Ecclesiasticam politiam peccat multis modis c. Bez. Epist. 24. ad artic 7. authoritie to forbid and wee must forbeare to command and wee must obey not onely for feare but for conscience sake Of which kind if these Ceremonies be as we will justifie and they cannot deny where is then their pretended obedience Where is their applause of his Majesties peaceable government Why doe they trouble both Church Commonwealth in respect of matters which in duty and conscience they may well and ought willingly to submit themselves unto Secondly concerning Abuses be it considered first of what quality they are secondly of what degree 1 Touching the nature or quality of them whether they are in the very Constitutions of our Church or rather in the Execution of the said Constitutions If not in the Constitutions themselves as when wee descend to the particulars it will appeare there is no cause why the government should be changed or these men suffered thus to calumniate the State wherein there is nothing Positive that is worthy of blame If in the Execution which as we will not absolutely deny so these men cannot easily prove that may be remedied by amending or removing of some certain offendors without alteration of the State 2 Touching the degree or grievousnesse of these abuses whether in the constitution as they suppose and we deny or in the Execution which simply and in every particular c Calv. adv Anab art 2. Vtrique sc Cathari Donatistae in eodem errore fuerunt Quo isti somniatores Ecclesiam quaerente in qua nibd posset desiderari c. no Church in Christendome is able to justifie and yet none so much as this of ours we undertâ—…e to prove against the Thousand that maske unknown under that generality that they are not such nor so heynous as deserve this their bitter reprehension much lesse such an alteration in the Church and Common wealth as would ensue if these Petitioners might have their desire 2. In Particular Concerning the Preface We doe but note 1 WHat reckoning in truth the men doe make of just titles unto Kingdomes who favour them so d De jure reg apud Scot. De jur Magist in subd Vind. cont tyr Hotto Francog much that were wont to subject all Kin gstitles unto popular election and approbation 2 What comfort indeed the Petitioners take in the peace of his Majesties government who in the very entrance thereof by seeking this and the like dangerous alterations doe disquiet and disturbe the same Were other men as little inured to peace and subjection it might occasion some inconvenience 3 Howsoever in words they decline the imputation of factious men affecting popular parity in the Church and of Schismaticks ayming at the dissolution of the state Ecclesiasticall yet it is too well known in this Kingdome and by experience it hath been felt in that of e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 39.40 41 c. Scotland what manner of men they be as also what have been the lamentable effects of their Reformation there and would have been likewise here had not the prudent foresight and constant resolution of our late gracious Sovereigne continually repressed their attempts 4 These men might have performed better Their obedience to God their service to his Majesty their love to his Church as in the particulars will appeare if they had forborn to trouble his Majesty the Church of God and this Common-wealth with these their causelesse griefs and discontentments They have thereby made such a breach as will not easily without much wisdome and patience be cured For what are these men that they should assume so much or what are the whole Clergy of England besides that they should be so abased and contemned 5 That which they alleage out of his Highnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a childish fallacy absurdly taking that for granted which is the mayn question They must prove and not assume that these are the peccant humours of this Church which in truth is the f Iuel Apo. 170 Accessimus quantum maxime potuimus ad Ecclesiam Apost c. Et 46. Ea omnia quae aut superstitiosa c. Aut cum sacris literis pugnantia aut etiam sobriis hominibus indigna c. prorsus sine ulla exceptione repudiavimus least peccant of any in the World and would be much lesse peccant if it were cleane purged of these unquiet and malecontented humours 6 That diverse of them have formerly subscribed to the booke as skornfully they tearme it doth manifestly evince that either our Liturgie is justifiable themselves being Judges or els that they did liberally dispence with their own consciences which is not the part of honest men To doe that in respect of the times which in it selfe is not lawful proveth little lesse then hypocrisie to alledge unknowne Protestations expositions and Conditions in their subscription doth argue no sincerity and upon due examination will fall out to be nothing but meere falsitie 7 As for their labours in the Ministery be they such as they are This Church of England had been happy if it had not beene troubled with their factious Sermons and g Mart. Mar. P. Miles monop Hay any work and the rest of that spirit scurrile Pamphlets which have given the Adversary much matter of advantage distracted the minds of many weake ones and quite turned some other from the love of the Truth 8 The number of more then a Thousand is but a vizard which we humbly intreat may be pulled from their faces that we may see and know the men that thus groane under the yoke of a Christian and commendable government which
maliciously and injuriously they would have reputed a most heavy burden of humane Rites and Ceremonies The vanity of which their complaint comes now more particularly to be discussed Concerning the matters of their Complaint 1 Of the Church service 1 IN the Church service we are ready to maintain but they must object first and prove the contrary that the a Tert. de Cor. mil. cap. 3. Crosse in Baptisme b Aug. Ep. 23. Interrogatories ministred to Infants and c Hieron cont Luc. confirmation are most ancient justifiable and convenient Ceremonies and therefore to bee continued 2 That the Church of England nor the booke of Common prayer doth not prescribe that Baptisme should be administred by women Though we deny it not to be h Chytrae de Bap. in Lev. Sneph de Bap. Zuingl de Bap. Hicrbr in Comp. Theol. Baptisme if perchance de facto it be by them administred Fieri non debuit factum valuit 3 That the Cap and Surplice be not urged it is an absurd speech and implies confusion For so every man should be suffered in that behalfe to doe what him liketh Again do not their own words import that they may wel be used but they must not be urged why what is there in a Cap or in a Surplice that should i Buc. de revest pag 707 Pet. Mart. Ep. ad Hap. Aug. Ep. 154. Calvi in Ex. 23. offend any man of judgement 4 That Examination where need is should goe before the Communion who disliketh Or that it be ministred with a sermon But that it should not bee ministred without a sermon is absurd and hath bred in many a vain and false opinion as if not the word of Christs institution but rather the word of a Ministers exposition were a k T. Cl. 1. p. 158 necessary and an essentiall part of the Communion Besides he that readeth our Communion booke shall see that therein the whole manner end and use of that holy Institution is so excellently described as may be insteed of many Sermons Also that none should be admitted to that blessed Sacrament of what age state or condition so ever except they were first examined after the Consistorian fashion were insolent injurious and in many respects most in convenient 5 The terms of l Isay 66.21 Where the Geneva note doth shew that the Ministers of the new Testament are to be tearmed Priests Priests and Absolution the * Bucer in Censur cap. 20. Ring in Mariage and such other which they have heretofore traduced in their unlearned discourses are by divers of our learned Divines and shall be justified As contrariwise by the Petitioners they will never be evicted worthy to be abolished 6 Their desire to have the long-somnesse of service abridged doth well befit their great Devotion Who notwithstanding are wont to spend an houre sometimes or little lesse in extemporary inconsequent and senslesse prayers conceived rashly by themselves From hence their dislike of set and stinted formes of prayer it doth proceed that some of them omit some refuse to repeat some condemne the use of the Lords Prayer from hence hath Barrow and Greenewood taken their beginning and fetched the premisses of their pestilent and blasphemous Conclusions 7 Church m Iust Mart. in quaest ad Orth. q. 107. Aug Confes lib. 10. cap. 33. songs and Musique are much beholden to these men now in as much as they can bee content to disgest them so they be moderated to better edification The time was when wee have heard them speake in this point after another sort Meritricious Church Musicke Tossing of tennis bals and such like were their phrases of Gods divine service but thanked be God that his Majesties devout affection in this kind hath forced from them this moderation 8 That the Lords day be not prophaned hee is verie prophane that desireth not from his heart But what manner of lawgivers are they that lay downe their coustitutions in such Negatives in such Comparatives for who can divine what they would have when they desire that the Rest upon n Pet. Martyr Epist ad Hopperum Holy dayes be not so strictly urged Would they have men upon such dayes goe to plough and cart as some of their humor have caused their servants to do on the very feast of Christs Nativity Or do they mean that we should take to our selves such liberty therein as certain persons lately have done who being commanded by lawfull authority to celebrate the fifth of August with joy and thanksgiving for his Majesties most strange and wonderfull deliverance upon the said day did notwithstanding spend the same as we are credibly informed in fasting mourning and such like works of their obedience Nay these and the like experiments do cause us humbly and instantly to desire that both Sundays and Holydays may be religiously observed and the intollerable prophanation of them which is the rather brought in by these mens preachings and examples may be very severely punished 9 That there may bee an Vniformity of Doctrine prescribed That no Popish opinions may be any more taught or defended What imputations are these how prejudiciall How injurious Not only unto the Church governement but unto the Christian faith established in this Realme What advantage do these men in these shamelesse suggestions reach unto the Papists as if there were no o Wee refer to the Articles of Religion agreed upon established in Convocation Anno 1562. vniformity no consent of doctrine among us so ye except them As if there were some popish opinions taught defended in our Liturgy as they deem who are ready to make every thing p Zanch. conf cap. 24. de Eccl. Milet. Aph. 19. Poperie which they doe not fancie These are the weapons with which Bellarmine and that Brood are wont to wound or rather falsly to reproach our faith and profession Good had it beene that these men had never beene able to write rather then to write thus to the scandall of Gods Church and his sacred truth 10 Reverence done at the name of Iesus is no superstition but an outward signe of our inward subjection to his divine Majestie and an apparent token of our devotion Why doe they not likewise fin I fault with kneeling sighing weeping lifting up of eyes knocking of breasts holding up of hands unto heaven All which good men may use in Gods service with great piety though Hypocrites doe otherwise 11 They are grosly ignorant if they know it not or wilfully malicious and turbulent if knowing it to be lawfull they yet oppugne the reading of the Apocryphall Scriptures or Writings in the Church Non ad confirmationem fidei sed ad reformationem or institutionem morum as the Ancient q Hiero. Praef. in Pro. Cypr. in Symb. Pellic. praefan Apocr fathers speak and approve As also the Articles of convocation and the Prefaces before the Apocryphall books in the English Bibles doe directly shew adding that
not urging of a conformity in Church discipline is to to set open the high way to all disorder and Confusion 3. Concerning Church maintenance 1 THat Bishops leave their Commēdams In case some of the ancient revenue might be restored to their Bishopricks he were utterly unworthy to be a Bishop that would desire a Commendam But as now the most of them are impaired to take away from all Bishops all manner of Commendams is in truth to tie the Kings hands that he shall not be able though he would and where he will not no Commendam can be given to make his most faithfull servants or other men of best desert in the Ministery able to maintain their places and callings by his Majesties favor and gracious dispensation when otherwise their Bishopricks are not sufficient so to doe So as if it be well wayed they doe not so much intend in this particular to impoverish some few Bishops as indeed utterly to overthrow them and generally to restraine the Kings Prerogative 2 Of the same nature is that which followeth For no man except he be the Kings Chaplaine may hold three Benefices with Cure and those of his Highnesse own gift So that here also they desire to limit the Kings favour Againe it is not known that there be five in all this Land that hold three such Benefices And then what good dealing is this in the Petitioners to make the world beleeve that it is a common fault which is scarce to be found in a few 3 Their disposing of Impropriations The Ecclesi asticall discipl pag. 114. doth notably bewray their lacke of Conscience their little love to learning and Religion their temporizing and fitting their motions to the Laieties good liking For who seeth not that it would be the certain overthrow and utter ruine of Bishopricks Colledges and Cathedrall Churches if their Impropriations should be demised to Vicars or Curats the Incumbents at the old rent without fine without improvement Againe who be they and how many that by this meanes would be provided for A few and those the meanest of the Clergy But the inconveniences that would hereof ensue are very many and intolerable Therfore we reserve that discourse to a fit opportunity On the other side who doth not know that for a Lay-man to hold an impropriation which is a Tithe is originally unlawfull and cleane contrary to the first institution Yet these men in all their purity zeale and conscience can content themselves and their preaching Incumbents with the seventh part onely of an Impropriation in a Lay-mans fee. 4 Are these all or the best meanes that a Thousand mē such as they would be reputed can propose to his Highnesse for the bettering of the Church maintenance If we might know that it would stand with his Majesties good liking and should not be imputed unto us as a breach of duty It were very possible that the men whom they so much contemne would be able to propose some other course for the bettring of the Church maintenance with out the alteration or injurie of any other state 4 Concerning Church Discipline 1 UNder the name of their Discipline we have bin hertofore taught by these men to understand The kingdom of Christ upon earth A thing of no lesse importance then the d Eccles Disci pag. 13. T.C. Epist to the Church of England Gospell of Christ Jesus An essentiall part of the Gospell A matter of faith to be received upon paine of damnation An essentiall marke of the true Church without the which our Church was no Church our faith no faith our Gospell no Gospell c. And it is now come to be so indifferent that it may bee administred accordingly Or else at the least that these enormities may be redressed Will it now suffer such an Or else at the least Were we perswaded that their Discipline their Presbytery the life and being of their Discipline were indeed of Christs institution were we perswaded it were a part of Gods Word an essentiall part of his Word could we be contented to bee without it Could wee content our selves to live any where but under it Would we not redeem it with much perill and paine With certain losse And that willingly But the experience that his most excellent Maiesty hath had of the manifold mischiefs and miseries that attend their pretended Discipline doth make them not dare to speake plainly for it They therefore faulter in seeking to obtain that which yet in heart they do affect and specially desire But to these Enormities these heinous Enormities Is it not well that now at length these quick-sighted men can espie no fouler Enormities in our Church government Enormities 1 THAT Excommunication come not forth under the name of Lay persons First it may truly be said that though it did come forth under the name of a Chancellour or a Commissary yet came it not forth under the name of Lay persons For a Chancellor or a Commissary is not a Lay-man in this case The Ordinary and He are but Vnus Judex Or rather whatsoever the Chancellor doth in this behalfe he doth it in the authority of the Ordinary according to the power that is committed unto him A thing not unusuall in the Civill state wherein the Lord Chancellor doth dispose of many things which are originally in the Crown and againe writeth Teste meipso unto many particulars that never passe by bill assigned Secondly No Lay-Chancelor or Comissary whatsoever doth at any time excommunicate any man or sendeth out in his own name any excōmmunication But this is the practice of the Church of England In e Const Eccle. 1597. cap. de Excess circa Excom refor the censuring of notorious and more grievous crimes the Arch-Bp the Bishop the Deane the Arch-deacon or a Prebendary that is a Priest pronounceth the sentence of Excōmunication in his own person And in matters of lesse offence as contumacy in not appearing and the like the Vicar-generall Officiall or Comissary that is not in holy orders holdeth this course First upon knowledg and examination of the cause he adjudgeth the party worthy to be excommunicated then the Minister associated unto him by expresse authority from the Ordinary doth pronounce the sentence of Excommunication against him Lastly the Chancellor sendeth to the Pastor of the Parish where that party dwelleth requiring him publikely to declare the said party to be a person excommunicated by the sentence of the Minister his associate And all this according to the forme of the Articles set forth by her Majesties authority Anno 1597. Thirdly are not these execellent Enormity makers that can finde such an Enormity in the Name of a Layman in whose name notwithstanding the excommunication never commeth forth when yet if it did come forth in his name the nature of the thing it selfe is such as justly cannot be reproved They are not ignorant that excommunication doth proceed as is afore-said if not in the name yet in