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
statute as to receive the Annates or first yeares fruits of every Ecclesiasticall benesice after the vacancie of it and the tenth of all Ecclesiasticall benefices yearly These first fruits and tenths were the Popes due in time of Poperie when the Pope was cast forth they were given to the King and it was enacted That the Kings Maiesty his heirs â—nd successors for the augmentation and maintenance of the royall estate of his Imperiall Crowne dignity of supreme head of the Church of England should yearly have take enioy and receive united knit unto his imperiall crown for ever a yearly rent or pension amounting to the value of the tenth part of all the revenewes rents farmes tythes offerings emoluments and of all other profits as well called spirituall as temporall then appertaining or belonging or that afterward from thenceforth should belong to any Archbishopricke Bishopricke Abbacie Monasterie Priorie Archdeaconrie Deanrie Hospitall Colledge house Collegiate Prebend Cathedral church Collegiate Church couentuall church Parsonage Vicarage Chanterie free chappell or other benefice or promotion spirituall c. It was further enacted That the sayd first fruits and tenths and all the reuenewes and profits thereof should be in the order survey and governance of the Court of first fruits and tenths and ministers of the same This Court was erected in the Parliament begun anno 31. Henr. 8. Marke these words for the augmentation and maintenance of the royall estate of his Imperial crowne and dignity of supreame head of the Church of England for in that respect are the tenths exacted Restored by statute as of right due to the Crowne are either such as have ever been used by the Prince within his dominions or haue not been in use c. Ever in use as the supreme right of patronage called Patronage Paramont so that by lapse of time collation of benefices are transferred to the Prince and no further 2. To reap the tents of vacant benefices to his owne proper use 3. to give licence to choose a Bishop 4. to nominate a fit man to the Chapter whom they shall choose to the Bishopricke 5. to give consent to the person elected 6. to receive the oath of homage from the Bishop 7. to present any Ecclesiasticall persons whatsoever before the civil judges for offences committed against the peace of the kingdome and the Kingsroyall dignity Presentations and collations of benefices whether ordinary and original or extraordinary and transferred by devolution to superiours for the neglect of inferiours postponing times prescribed by law are the inventions of Sathan broched and dressed in his kitchin sayth Beza For when the Patrone presenteth to a benefice and the Bishop giveth collation the libertie of the Church to choose and seeke the worthiest and fittest man one of a thousand as Iob speaketh is taken away and unworthy men thrust upon the Churches When there is any defect through neglect of time this liberty is not restored to the Church but her bondage still increaseth till at last the power of bestowing a benefice by gradation come to the Prince Now to conferre a benefice is to set a Pastor over a flocke for howsoever the person presented have received Ordours before yet he hath not a particular charge but is a minister or as they call him a Priest at Random till he obtaine some benefice The Prince taketh up the rents of vacant Bishoprickes as Superiours of vassals who hold their lands of their Liege Lord. The Bishops See being vacant the Diocesan Church as they call it hath not liberty to choose a Bishop either in a full convention or by their commissioners nor yet the ministers of the Diocie but onely the Dean and Chapter as was the manner in time of Popery Neither may the Deane and Chapter proceed to the election till first a licence bee sent from the Prince and with the licence is sent a letter nominating the person whom they shall choose and then they proceed to the acceptation rather then free election of the person nominated Notwithstanding of this imaginary and feigned processe of election the kings assent and ratification is required Yea without all this imaginary proceeding of Deane and Chapter the Prince may by vertue of the statute above mentioned proceed to the ful election by himselfe and will do it when he thinketh good The clergy nobility gentry communalty of the Diocie are not regarded all this time They must accept whom Deane Chapter at the Princes pleasure shall recommend to them Hence it is that the Church receiveth Pastors Bishops from the Princes palace and he that can give or promise the greatest gift to the greatest Courtier shall win the prise So the prophane courtier setteth these great commanders Pastors over many Churches From Popes and Princes courts as out of the belly of the Trojan horse have been sent forth asses swine Beares Bulls upon the Lords vineyard At the last Parliament 1617. election by Deane and Chapter was established without the consent yea against the acts of our Kirk And the first man that entred this way I mean the Parliament way that is by Deane Chapter was the land of Corce who made it nice to take on a Bishopricke till he had a lawfull calling and the free approbation of the Kirk My Lord elect must make homage to the Prince and sweare not onely fidelity which every subject owe to their Prince but also as a vassall to doe homage to him as his superiour and performe that knight service which he is obliged to for his temporall lands Whereas before they held their lands in pure almes they were either compelled by Princes to hold in knights service or made filthie pactions with them to the end they might get in many temporall lands and for that cause rendred themselves as vassals selling both their owne liberties and the liberty of Ecclesiastical elections Not in use till after the Papall usurped authoritie was utterly driven forth of the bounds of the English Empire These concerne 1 appellations 2 Canons and lawes 3 Benefices As for appellations interposed at the instance of any party 1 The last appellation is made to the Prince and not forth of the kingdome 2 hee delegateth judges by the Chancellour of England under the great seale who shall determine in the cause Appellations ascend by degrees from one to one not from one to many No mediate appellation is heire from one to a Provinciall Synode or Nationall but from the Archdeacon or his officiall to the Bishop from the Bishop or his Commissary to the Archbishop from the Archbishops Archdeacon to the Court of Arches or the Court of Audience from these Courts to the Archbishop himselfe from the Archbishop to the Court of Chancery or to the Prince who by the Chancellors seale appointeth judges 24. Henr. 8. 25. Henr. 8. 1 Elizab So in place of gradation from parish Sessions and Consistories to classicall meetings of the Presbyteries from Presbyteries to Synodes
THE Altar of Damascus OR THE PATERN OF THE ENGLISH HIERARCHIE AND CHVRCH-Policie obtruded upon the Church of SCOTLAND 2. KING 16. 10. 11. And King Ahaz went to Damascus to meet Tiglath Pileser King of Assyria and saw an Altar that was at Damascus and King Ahaz sent to Vrijah the Priest the fashion of the altar and the patern of it according to all the workmanship thereof And Vrijah the Priest built an altar according to all that King Ahaz had sent from Damascus so Vrijah the Priest made it against King Ahaz came from Damascus Anno 1621. TO THE READER I Have drawen this paterne of the English Altar obtruded upon us out of their owne Tables of the Hierarchy and Church policie Muckets book their Canons and Constitutions Ecclesiasticall the statutes of the Realme the admonitions petitions assertions treatises answers and replies of those who sue for reformation the confessions of their opposites in their own defences I have followed the order of the Tables translated out of Latine and printed with a letter different from the rest I intended not a full refutation for I thought to discover it onely was to refute it sufficiently to any man of sound judgement saving that sometime there iâ— a light touch or poynting at any corruption where I suspected the simpler sort mighâ— be miscaried CHAP. 1. Of the Kings Supremacie IN the Ecclesiasticall policie of England generally are to be coÌ„sidered 1 Persons 2 possessions 3 constitutions concerning both Persons to bee considered are either such as haue some kinde of administration or such as have none at all The persoÌ„s that have some kind of administratioÌ„ have it either as supreme or not so ample The supreme or more absolute administration which is called the Kings supremacie is to be considered 1 generally 2 particularly Generally by which authority the Prince as supreme governor under God can set down in all Ecclesiasticall causes within his dominions whatsoever is not repugnant to the word of God By causes Ecclesiastical are meant not onely matrimoniall and testamentary causes and others abusively called Ecclesiasticall but also these which are in a proper sence Ecclesiastical subject to Ecclesiastical cognition and jurisdiction By the title of Supreme Governour is understood the same power which before was expressed by the title of Head of tâ—e Church of England in the dayes of K. Henrie the 8. and Edward the 6. For howsoever for removing of offence taken at the metaphorical title of Head it was changed in more proper termes of supreme governour under the reigne of Queene Elizabeth yet the sense remaineth still In the first yeare of her reigne it was enacted and ordained That such jurisdictions privileges superiorities and preeminences spirituall or Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore been or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities shall for ever be united and annexed to the Imperiall crowne of this Realme And that the Queens highnes her heirs and successors shall have full power authority by vertue of this act by letters patents under the great seale of England to assigne name and authorize when and as often as her highnes her heirs and successors shall think meet and conveâ—ient and for such and so long time as shall please her highnesse her heirs and successors such persons being naturall born subjects as her Majestie her heirs and successors shall think meet to exercise use occupie and execute under her highnes her heirs and sâ—ccessors all manner of Iurisdictions priviledges and preeminances in any wise touching or concerning any spirituall or Ecclesiacticall iurisdiction within the Reaâ—â—es of England or Ireland or any other her highnes â—â—minions or countries and to visit reforme redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of spirituall or Ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered corrected restrained or amended And for the better observation of this act it was further enacted that every Ecclesiasticall person officer and minister all and every temporall judge Iustice Maior and other lay or temporal officer and minister and every other person having her highnes fee or wages within the Realm of England or any of her highnes dominions shall make take receive a corporall oath upon the Evangelist before such person or persons as shall please her highnes her heirs or successors under the great seale of England to assigne and name to accept and take the same according to the renor and effect hereafter following I A. B. doe utterly testifie and declare in my conscience that the Queens highnes is the onely supreme governour of this Realme and of all other her highnes dominions and countries as well in all spirituall or Ecclesiastical things or causes as temporall and that no forreigne Prince person prelate state or Potentate hath or ought to have any iurisdiction power superiority preeminence or authoritie Ecclesiasticall or spirituall within this Realme and therefore I doe utterly renounce forsake all forraigne iurisdictions powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegeance to the Queenes highnes her heirs and lawfull successors and to my power shall assist and defend all iurisdictions privileges preeminences and authorities granted or belonging to the Queenes highnes her heirs and successors or united and annexed to the Imperiall crown of the Realme So helpe me God and by the contents of this book The title then of Supreme Governour in the oath is explained by the preceeding words of the statute to which and for observation of the which the oath is subjoyned viz. that the Prince hath all manner of spirituall or Ecclesiastical jurisdiction and all manner of privileges and preeminences any way touching or belonging to the same which was before or may be lawfully exercised for visitation of the Ecclesiasticall state reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities and that he may commit the exercise of the same to any of his naturall born subjects whom it shall please his highness to constitute commissioners in causes Ecclesiastical to judge discern and correct in matters of Idolatry simonie errour and heresie and all other causes Ecclesiasticall whatsoever This oath of supremacie is different from the oath of fidelity or allegeance devised of late That requireth no further theÌ„ to acknowledge the king to be lawful righteous king and to sweare obedience and fidelitie to him notwithstanding he be excommunicated by the Pope to acknowledge that the Pope notwithstanding of his excommunications cannot depose kings and dispose of kingdomes at his pleasure The Papist is straitned with this oath of
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