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

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to different places within the same Country It is answered that times and mens manners must produce a Change where ever a removal of those in being is necessary as appears by the Article And where things of this nature that at first were of godly intent and purpose devised but at length turned into vanity and superstition by the Preface touching Ceremonies before cited they are adjudged worthy to be cut away and clean rejected and so many of them have already been as was the Brasen Altar by Hezekiah And it further telleth us that as those be taken away which were most abused and burdened mens consciences without any cause so the other that remain may upon just causes be altered and changed So that here is nothing desired in the taking away the imposition yea all use of them but according to Law 4. The Book of Common-Prayer of 2 Edw. 6. is in some things referred to and particularly as to Ornaments and Rites both by the Rubrick before Morning-Prayer in the present Liturgy and by the Stat. of 1 Eliz. 2. So that as to this point so much of that first Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last Page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This is still good Law So that whatever is enjoyned in the Canons for the imposing this is void in Law by the Stat. of 25. H. 8.19 although made by the Kings Licence and Assent because contrary to that Law of 1 Eliz. 2. in this particular Now if the Law it self give a Liberty in some we trust that upon the foregoing Reasons our Law-givers will take off the imposition of the rest if not wholly remove them 5. The Bishops themselves take Liberty to omit one Ornament imposed on them to be used namely the Pastoral Staff which in the same place of the Book of 2. Edw. 6. he is enjoyned to have in his hand or to have it born by his Chaplain and this is not left Arbitrary as the Rites last before named are yet the Bishops herein can dispense for themselves is there not reason then to dispense with Ministers in the rest Having thus pleaded the necessity of Reformation in Rites and Ceremonies but especially of providing against the Imposition of any of them in general we shall not enter into any debate of the particulars for of that there is no need in this place But because we are subject to be upbraided that many of us have both subscribed to use all those contained in the Liturgy and some of us have accordingly used them and that therefore we are Revolters from our Subscription and thereby lyable to the penalty of Excommunication by the sixth Canon It behoves us to make this Apology for our selves 1. That albeit some of us have unadvisedly subscribed to use them and perhaps have used them sometimes yet finding that many sober Christians are scandalized at them we hold our selves bound to imitate the Apostle and what he did in the Case of meat which he held to be lawful we must do in the Case of Ceremonies to use them no more while the world standeth rather then make our brother to offend 2. As to the danger incurred thereby we must not so much stand upon that as to chuse iniquity rather then affliction 3. And as touching the validity and force of the Canon we fear it not it being void in Law of which we shall speak more under the head of Discipline IIII. Of CHURCH-GOVERNMENT BY Church-Government is meant the Ecclesiastcal Government of the Church of England said and commonly reputed to be established by the Laws of the Realm For however some have of late pretended to a Jus Divinum or Divine Institution of Episcopacy of late years used in England yet the Laws of the Kingdom would never own any such thing nor suffer them to exercise any power but what the Municipal Laws Authorize them unto Yea the Statute of Provisors 25th of Edw. 3. An. 1350. Declareth plainly that Prelacy it self was erected in England by the Kings of England and not by any other Authority For that Statute begins thus Whereas late in the Parliament of good memory of Edward King of England Grandfather to our Lord the King that now is the five and twentieth year of his Reign holden at Carlile the Petition heard put before the said Grandfather and his Counsel in his said Parliament by the Comminalty of the said Realm containing That whereas the Holy Church of England was FOUNDED IN THE ESTATE OF PRELACIE within the Realm of England by the said Grandfather and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people of the Law of God c. Therefore we cannot look upon such Bishops in any other Capacity in England And according hereunto take notice under this Head of Church-government 1. Of their Constitution by Consecration 2. Of their Jurisdiction by Delegation of his Majesty according to his Laws 3. Of their Execution of Discipline accordingly By their Consecration they have a power of Ordination By their Jurisdiction they have a power to Govern And by their Execution of that Office they have a power of Discipline But all these according to the Laws of the Land and none other or otherwise We shall therefore speak somewhat to each of these and humbly offer Reasons of the necessity of reforming Episcopacy and Church-government in every one of these I. Of the Consecration of Bishops and their power of Ordination thereupon 1. BY the Laws of the Land after the death of any Bishop Dr. Heylin Advertis●o● Hist of K. Charles p. 193. his Majesty useth to send out his Writ of Conge d' Eslier to the Dean and Chapter to Elect another Which Election being made signified under the Chapter-Seal and confirmed by the Royal Assent the King sendeth out his Mandate to the Archbishop of the Province to proceed to Consecration of the person so elected or Confirmation if consecrated before and now but Translated from one See to another as the case may vary So is it acknowledged by one that takes on him to know more than many others of this particular But whereas he addeth that thereupon it must needs be that when the Church comes to such a condition that is to be without Archbishops and Deans and Chapters of both which the same Author saith the late King was content in the Confer at the Isle of Wight to grant an abolition that this was acknowledged on all sides that where there is no Dean and Chapter to Elect and no Archbishop to Consecrate and Confirm the Person
here which the same Doctor confesseth they did although the want of the Kings Assent made it not valid in Law For the Proviso doth not say the old Canons shall be used till the King Assent but onely till such time as they be viewed searched or otherwise ordered and determined by them or the more part of them Nor doth that Act in any Clause mention any other Canons or Constitutions but such as are Provincial or called by other names always presumed and mentioned to be made in Convocations in England not in the Popes Conclave And to the end it may yet further appear that he who so confidently taketh upon him to improve his knowledge to whom he wrote that Epistle hath mis-informed him and wrested the Laws also take notice that the Canon-Laws of England are onely such as are or have been made in England These are of two sorts legatine or Provincial The Legatine were 77 Canons and Constitutions whereof 26 were made by Otho the Popes Legate President of a Synod here in England the other 51. in another Synod after holden under Othobone Legate of the Pope in 32. Hen. 3. An. 1248. The Provincial Constitutions were such as in several places of England were made under the Archbishops of Canterbury in all 212. whereof the first 48. were made under Stephen Langhton in the reign of King John and the last three were made under Henry Chichley in the reign of Hen. 5. These Provincial Constitutions about the year 1422. were digested into a Body by William Lindwood who also wrote a Commentary upon them the other by Johannes de Aton Canon of Lincoln who likewise Commented upon them all which are yet extant Now we must understand the Act of 25. H. 8.19 speaks onely of Canons Constitutions Ordinances Provincial or other or by whatsoever name they be called in their CONVOCATION These and no other were to be reviewed and out of these such as by the thirty two persons chosen by Hen. 8. or Edw. 6. should be viewed ordered and determined to stand were onely to be in force as is evident to every impartial eye that shall consult the Statute And these having been in 4. Edw. 6. viewed and thereupon by Gualter Haddon under Archbishop Cranmer and four Classes into which the said thirty two persons were divided that Book called Reformatio Legum Ecclesiasticarum saith the Preface thereunto were compiled And these being so composed and published that all might object what they could if they had ought against them before Confirmation the King died before his Royal Assent was given and so they never were confirmed But yet the very viewing ordering and determining of those old Constitutions be they what they could were by the closing Proviso forementioned in 25. H. 8. all void and of none effect And albeit divers Canons or Constitutions were made in Q. Elizabeths reign beside those Injunctions and Articles for Visitations in her first year yet none of them being for ought we know confirmed by the Royal Assent under the Great Seal are now by any reputed Obligatory It be then onely the Constitutions and Canons Ecclesiastical treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the Kings Majesties licence in that Synod begun at London An. Dom. 1603. in the first year of King James his reign over England and after published by his said Majesties Authority under the Great Seal of England which can now be so much as pretended to be of any force And here we shall not dispute their validity after that Kings death ' they being not after re-established by King Charles the first but we shall onely speak to the Legality of them as they were once ratified and as they are any of them contrariant and repugnant to the Laws or Customes of the Land As for Customes which the Statute of 25. H. 8.19 referreth to as well as to the Laws we shall say little because this is more proper for Lawyers upon Prohibitions granted out of his Majesties Civil Courts to confider and debate We therefore consider of the Canons or such of them onely as are repugnant to any of the Laws in force This is a large Field Those Canons being no less than 141. in number which are more then heretofore were ever made in any three Synods by whomsoever held in England We shall therefore keep onely to such as we find most contrariant to those Laws which we are in duty bound chiefly to take notice of As for instance Of those twelve Canons under the first Head or Title viz. Of the Church of England there be eleven of them the breach of any of which is to be punished with Excommunication ipso facto not to be revoked till such as breake them after repent and publickly revoke their wicked errours The persons to be excommunicated are I. Impugners of the Kings Supremacy Can. 2. II. All that affirm the Church of England is not a true and Apostolical Church teaching and maintaining the Doctrine of the Apostles Can. 3. where it is not defined what the Church of England is III. Impugners of the publick Worship of God established Can. 4. which few know to be established IV. Impugners of the Articles of Religion agreed upon 1562. Can. 5. the establishment whereof is doubtful V. Impugners of the Rites and Ceremonies established Can. 6. of which there is no certainty VI. Impugners of the Government of the Church of England by Archbishops Bishops c. Can. 7. there being none such VII Impugners of the form of consecrating and ordering Archbishops Bishops c. or that any thing in it is repugnant to the Word of God Can. 8. there being in the form no such Words as ordering of Archbishops and Bishops and it having been made out that there be contradictions in it one of which is repugnant to the Word VIII Authors of Schism Can. 9. IX Maintainers of such as the Canons call Schismaticks that is who affirm such Ministers as refuse to subscribe to the Book of Common-prayer c. Can. 10. which is hard to prove X. Maintainers of Conventicles Can. 11. that is of such as maintain that there are in England other Meetings Assemblies or Congregations of the Kings born Subjects then such as by the Laws are allowed which may rightly claim the name of true and lawful Churches XI Maintainers of Constitutions made in Conventicles without the Kings Authority and submit to them Can. 12. So all the Rules confirmed by Parliament for Church-Government make the Parliament lyable to Excommunication and the Assemby too and all the Presbyterians in England Besides these there is Can. 59. for excommunicating Ministers refusing to Catechise every Sunday after a third offence herein complained of So Can. 68. decreeth Ministers refusing to Christen or Bury to be excommunicated Majori Excommunicatione And Canon 72. ordaineth that if a Minister without
REASONS SHEWING the Necessity of Reformation of the Publick 1. Doctrine 2. Worship 3. Rites and Ceremonies 4. Church-Government and Discipline Reputed to be but indeed not Established by LAW Humbly offered to the Serious Consideration of this present PARLIAMENT By divers Ministers of sundry Counties in ENGLAND 2 COR. 13.8 For we can do nothing against the truth but for the truth LONDON Printed by JA COTTREL MDCLX TO THE RIGHT HONORABLE THE Lords and Commons ASSEMBLED in PARLIAMENT IT is far from our thoughts to oppose or disparage Orthodox Doctrine a well-composed Liturgy Rites for decency and order Ordination of Ministers Apostolical Episcopacie or due Rules of Discipline We are for all these with Truth and against rigid Impositions which may debar a Christian of any liberty allowed him by Christ. Nor do we offer any Polemical Discourse or Theological Debates proper for a Divinity-School or Synod but onely what we humbly conceive more suitable to a Parliament Our work chiefly is out of those Laws which we as Ministers are bound to take special notice of and out of those Books said to be by those Laws settled to make out these two things First that so far as we can apprehend neither the Articles of Religion the Books of Com. Prayer or Ordination the Jurisdiction of Bishops claimed before 17 Car. 1. nor so much as their Being as Bishops sithence nor those Canons so much contended for are indeed established by Law Secondly that none of these as they now stand ought to be confirmed and setled But all with submission And this we trust shall not be censured as Eccentrick For albeit we acknowledge the learned in the Law to be far more able in matter of Law touching these things yet seeing every Subject is to inform himself of all such Laws as more especially concern his own calling we hope it will not be judged an extravagancie or presumption in us to produce those Laws which more nearly concern all of our Function Of this we apprehend some necessity 1. Because it is already too obvious that too many notwithstanding all pretences of Moderation do already fly higher than ever some in asserting Arminianisme to be the Doctrine of the Church of England thinking thereby to force all to imbrace it some in stickling for the Liturgy commonly used some still holding up sole Ordination by and sole Jurisdiction of Bishops and all Canons not onely made in England but in Rome it self if not repugnant to our Laws labouring to possess the people that all these are settled by Law and therefore to be continued and imposed without alteration and that all who seek a Reformation of them do oppose and violate the established Laws 2. Because if men go on in such ways and prevail therein it is to be feared that in short time every Minister of different judgement how able godly and useful soever will be put not onely out of his present place but out of the Ministry also as it hath already too often happened And indeed it can hardly be found in any age since the Conquest that where Kings have not curbed the violence of Bishops they have ever sharply persecuted all that threw off Popery which Persecutions usually produced Confusions in the Common-wealth For prevention whereof we humbly beseech all Noble Spirits and faithful prudent Patriots to look back upon the Mutinies Insurrections Rebellions in Edw. 6. his time occasioned by fomenting and not moderating the furious Zeal even of those that were most countenanced by that pious King which notwithstanding the Act of 1. Edw. 6.1 made many to flee so high as exasperated the other side so far as that it put several parts of the Kingdom into Combustion Nor will those rivers of blood shed in Q. Maries days by recalling the Bishops and others formerly deprived and giving way to their wonted tyranny in the height thereof be forgotten while ought of Protestant Religion remaineth Nor will it be unseasonable to reflect upon the throwing out of many worthy Ministers in Q. Elizabeths reign and of many moe under K. James For that Noble King immediately after his coming to the Crown was so plyed by Bishops that notwithstanding the Conference at Hampton Court the Prelatical Party prevailed so far that the Liturgy then much complained of remained in greatest part and in the most material points unreformed to which they all were compelled to subscribe which had never been required before and many Illegal Canons were made and inforced so far that within the space of two years as was credibly reported 70 Ministers were deprived 113 not suffered to preach and about 94 more were under Canonical Admonition the next door to Deprivation The carrying on of all which together with the countenancing of Arminianism formerly declared against by that Learned King James witness his promoting of the Synod of Dort did so much and so generally offend and exasperate that after many thousands were compelled to leave their native Countries to dwell in Mesech and to take up their habitations in the tents of Kedar others were drawn on to engage so deeply in the publick differences which as to matters of Religion were occasioned by the continuing of the former corruptions and by those Canons of 1639. as produced all those horrid and bloody effects which we abhor to mention and tremble to remember May it therefore please your Wisdoms Piety and Goodness to procure a review of all these things after the example of the Parliament in 3.4 Edw. 6. and to call some of the most moderate and able persons of every different party to assist therein and thereupon to settle all the things of God in a solid and moderate way that all Ordinances of Christ may be restored to their pristine Purity all Christians reduced to the unity of the Spirit in the bond of peace and in the mean time nothing to be imposed which may grieve or offend those who shall be careful not to disturb the Publick Peace In order to which ends we humbly recommend to your Noble and Pious thoughts that of the Apostle Let your moderation be known to all men the LORD is at hand For this and for your Honours Your humble Servants shall ever pray REASONS SHEWING The Necessity of Reformation c. I. Of DOCTRINE THe Publick Doctrine of the Church of England as it is commonly received and insisted upon is said to be contained in the 39 Articles agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the year 1562. Those Articles are taken to be ratified and confirmed by Act of Parliament in 13 Eliz. cap. 12. Which Act provideth That no person shall be admitted to any Benefice with Cure except he shall first have subscribed the said Articles in presence of the Ordinary and publickly read the same in the Parish Church of that Benefice whereof he shall have Cure with declaration of his unfeigned assent thereunto
speech and deceit to be their wound and stripe c. Was not this a brave resolution a pious petition to tell a lye for God We forbear more instances because we delight not to scrape in such Dung-hills We have done with the Kalendar II. Of the RUBRICKS RVbricks are Directions given in the Common-Prayer-Book how to officiate and read the said Book in the several parts thereof And they are called Rubricks because anciently printed in Red Letters and are as much established by Law as any other part of the Book of Common-Prayer it self I shall instance onely in some of them not medling with those before noted in the inserted Paper of Differences 1. There are many Rubricks wherein the Minister is called Priest which is the old Stile and Title in the Mass-Book from whence it was taken We never finde it in the New Testament but onely in the Old which Title was then given to such of the Levites as were made Priests to sacrifice at the Altar And thence the Papists borrowed that name for their Popish Sacrificers at their Altars It is now then a meer Superstitious and Antichristian Name no way warranted by the Word of God in the Pontifician Sense yet is it used above fifty times in our Liturgy It is true one seeks to excuse it by saying Use hath made this so Popular as it is not safe to remove it yet confesseth it may be altered without prejudice to Religion But why may not the Word Priest be taken away and the word Minister put in the room The Name of Minister is not unknown yea it is as often used in the Rubricks of the same Book as the name Priest Therefore it may without the least danger or offence be wholly obliterated Hence it is that in the Scots Liturgy it is wholly omitted and Presbyter put into the room thereof Whereas this is a more strange and unknown name being borrowed from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was never used to signifie a Priest but an Elder and thence borrowed to denote a Minister as all the Learned know and none but Papists use the word Priest unless Scoffers at Ministers whom in scorn and derision they call and nick-name Priests 2. In the fifth Rubrick of the Order for reading of the holy Scripture it is said That the Collect Epistle and Gospel appointed for the Sunday shall serve all the week after except there fall some Feast that hath his proper By vertue of this these in Cathedrals were read every day albeit they had no Communions But another Rubrick prefixed to the Epistles and Gospels runs thus The Collects Epistles and Gospels to be used at the celebration of the Lords Supper and holy Communion throughout the year These therefore were never intended to be read but when there is the Sacrament of the Lords Supper administred This was anciently administred every day in the Church of England and so to be used still at least in Cathedrals as appears by the Rubrick after the first Exhortation at the Communion If then upon any reasonable cause there be no Communion there ought at that time to be no Epistle and Gospel read If there be any read it is without warrant So that these two Rubricks fight and which to follow is uncertain And indeed they are both but blind guides that lead into the ditch and make a man obnoxious to the Law 3. The Rubrick before the general Confession at the Communion runs thus Then shall this general Confession be made in the name of all those that are to receive the holy Communion either by one of them or else by one of the Ministers This gives liberty to Lay or private men to officiate in part at least as to this Confession which is a branch of the Office peculiar to the Minister to be the mouth of the people unto God in Prayer especially in the Administration of the Sacraments in the Congregation What is this but to admit a private person to assist and bear a share in administring the Lords Supper Is not this to hit against the 17 Article of Religion which declares it to be unlawful to any but such as be lawfully called and sent to wit Ministers duly ordained In all other parts of the Liturgy all Confessions and Prayers are expresly put upon the Minister alone at least to begin and lead the Congregation therein 4. In the Rubricks before the proper Prefaces at the Communion it is said that upon Christmas day and seven days after upon Easter-day and seven days after upon the Ascention-day and seven days after upon Whitson-day and six days after the same several Prefaces appointed for each of these solemn days shall be read as if every of the seven days following were one and the same with the first and what was done on the first day was done over again every one of the following days which yet was never done but once and but upon one day at all and perhaps upon neither of those days on which it is said there to be done But of this more when we come to speak of the Body of the Book 5. The last Rubrick after the Communion saith Note that every Parishioner shall communicate at the least three times in the year of which Easter to be one and shall also receive the Sacraments and other rites c. But the first Exhortation before the Communion to be used when the people are negligent to come unto it requireth the Minister to say unto the whole Congregation I bid you all that be here present and beseech you for the Lord Jesus Christs sake that ye will not refuse to come thereto being so lovingly called and bidden of God himself Yet the aforesaid Rubrick seems to dispense with Gods own Invitation How rightly let all sober men consider And if thrice communicating will suffice contrary to the Primitive Practise which was for all to Communicate at every solemn meeting why must Easter be one of the three times more then any other Lords Day seeing every Lords Day is celebrated upon the same account that that called Easter-day is viz. in memory of the Resurrection of our Lord But where it is added in that Rubrick He shall also receive the Sacraments and other rites c. this is no other but non-sense or worse For what Sacraments else are there for a Communicant of the Lords Supper to receive Is Baptism to be reiterated are the Popish Sacraments to be recalled And if they were must every Parishioner receive them and that thrice a year And what are the Rites he must receive Be they Ceremonies Humane Inventions Superstitious antique Crossings duckings bowing to the Altar towards the East to Images c If so where are these or any of these enjoyned And if not enjoyned why must they be all received thrice a year or at all But of this more hereafter 6. The last Rubrick before the Catechism in order to Confirmation concludeth thus And that no man shall