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
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
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
Metropolitan Ye may see that this part of his function also is not of divine institution that is so dependant and changeable at the pleasure of princes as they confesse themselves Neyther is it requisite of necessity to haue a Metropolitane to convocate Synodes for Synodes at the first assembled without Metropolitanes And in our age both in our owne and other reformed Churches Synods have assembled where there is no Metropolitane Nay rather Synods would be more frequently convocated if they were altogether removed it is so farre from the truth that either we cannot have Synods unlesse we have Metropolitanes or that God hath ordained in his word that they should convocate Synodes For we haue no Synods Metropoliticall but onely Diocesan since Metropolitans have beene set over our heads nor yet national but seldome and dressed before hand for their purpose If it be not of divine institution that the Metropolitane should convocate Provinciall Synods neither is it to moderate And as for necessity there is none as experience of our owne and other reformed Churches can beare witnesse yea in their owne last Synode Banâ—roft Bishop of London was president It may be that it was his Papsticall office which hee had of old For in the Catalogue of the seventy Archbishops Canterbury is made the head of all â—ur Churches all Bishops sworn to Canonicall obediâ—nce of that Archbishop and defence of all privileges and liberties of that seat Where the Bishop of London is his Deane to call Synods to publish his decrees to make returne of the execution Winchesteâ— his Chancellour Lincolne his Vicechancellour Salisbury his Chaunter Worcester his Chaplaine Rochester his Crosse-bearer As Archbishops 1. in receiving of and answering to appellations interposed made from his Suffragane Bishops 2. In visiting the whole Province according to the lawes and custome As the Bishops haue suffragane Bishops under them so the Bishops themselves are Suffraganes to the Archbishop They are not his suffraganes as he is Metropolitane but as he is Archbishop So that as Archbishop he hath greater authority then he hath as Metropolitan For as Metropolitan he must doe nothing without a Synode in the Dioces of another Bishop neyther by receiving appellation nor by way of visitation But as Archbishop he may receive appellations and visite the Dioces of his Province without a Synode as being not onely superiour in honour and prioritie of order but also in power of jurisdiction And for this his greatnes which he attained unto he beareth the proud title of Archbishop The old Bishops knew no other but a Metropolitane the Provinciall Synode assembling twice in the yeare to the which appellations were made It is troublesome say they to call Synodes so often Dioces are so large and the Synode should be wearied to stay till all the appellations of inferiour Courts were decided Here a notable tricke First they say it is needfull to haue Synodes and therefore needfull to haue a Metropolitane This againe they crosse and say there is no need of Synods it is difficile and incommodious to have two provinciall Synods in the yeare as of old The Archbishop may doe all that the Synode did receive appellations visit and correct the excesses and defects of other bishops onely he may not make Canons and Ecclesiastical lawes without a Synod Neither is there any need of new Canons the old are sufficient But I would demand why Synods may not be so easily and so often convocated as of old Is it because they have their Diocies extended over one two or three Shires and the province extended almost as farr as the kingdome as Canterburies province in England and Saintandros in Scotland Their wings should be clipped their Diocies and provinces contracted and multiplied if that the Discipline of the old Bishops were to bee preserved that Synods may assemble But before they loose any part of their extensive power and large impire they will rather reteine the corrupted discipline brought in under Antichrist If they will say on the other side the Diocies were as ample of old then why doe they pretend to their loytering in their owne or the Kings palaces the distance of their Diocies And if they will not convocate Provinciall Synods twice in the yeare what is the reason that they will not convocate once in the yeare or as was concluded in the Councell of Basile once in three yeare Yee may see that this corruption is so grosse that it was palpable in the time of most palpable darknesse Againe Synods did not assemble onely to make Canons but also for to put order to all causes Ecclesiasticall Farther there is continuall occasion to make new Canons and also to reforme or repeale old corrupt canons Neither doe Synods need to stay long upon appellations if the Church should meddle onely with causes properly Ecclesiasticall and the ancient judicatories inferiour were restored of presbyteries and consistories But to medle with tythes testamentarie and matrimoniall matters and to set up Archdeacons Officials and Chancellours and the rest of that â—able it may well procure moe appellations then a grave and godly Synode should be troubled with When all is done yet Canterburie doth not nor will not take the pains as by himselfe to decide the appellations Hee hath â— Court which they call the Court of Arches wherein sitteth as Iudge the Deane of the Arches he hath to doe with appeales of all men within the province of Canterbury Advocates there be in this Court 16. or moe at the pleasure of the Archbishop all Doctours of law two Registers and ten Proctors And another Court not unlike unto this which they call the Court of Audience which entertaineth the complaints causes and appeales of them in that province So yee see what way the ancient Synods are gone Neither to direct by making Canons nor to execute them being made should bee permitted to the pleasure of one man And yet by the way remember that the Prince with advice of the Metropolitane may make Canons also Howbeit the Archbishop be made up with the spoiles of the provinciall Synode his grace may not attend on the â—â—scharge of the Synods care and jurisdiction And whereas he may visit if he please the whole Diocies of his province doe yee thinke hee will take the pains himselfe who then shalâ— attend on Court and Councell Yea I suppose that seldome hee sendeth his Chancelour or any other for him By the Canons of the Councell of Trent the Archbishop may no visit the Diocie of another bishop unlesse the cause and necessitie be first tried in the provinciall Synod so that the fathers of that superstitious and bloudy councell were ashamed of the Archbishops exorbitant power which the English retaine And the English say that during the time of the Archiepiscopall visitation whereby the jurisdiction of the ordinary is suspended that Ecclesiasticall iurisdiction which hee practiseth hee doth exercise from and under the Archbishop as his
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
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
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